By Kristin Burns
TDCAA Domestic Violence Resource Prosecutor in Austin
Prosecutors’ dockets are overrun with domestic violence cases. It’s hard to balance the sheer volume of cases sitting on your desk with notions of justice.
Statistics from the Texas Office of Court Administration (OCA) back up how you’re feeling, proud Texas prosecutor. The OCA reports there were more than 39,000 new misdemeanor family violence cases added to the existing 37,000 cases from 2023. And these misdemeanor offenses are usually handled by the newest prosecutors in the office.
The OCA also tells us there were about 13,800 new felony DV cases in 2023—this, on top of the already-pending 14,000 such felonies. Which tells us that plenty of offenders are graduating from misdemeanors to felonies. And if they didn’t “graduate” from misdemeanor to felony by way of prior convictions, the facts of the offenses are severe (hello, strangulation cases).
But one Texas prosecutor office has been handling certain DV offenders differently. These prosecutors have been identifying abusers who deserve the State’s intervention, oversight, and ultimately a dismissal of their DV cases. And what if I told you that so far, the recidivism rate for those who have graduated from this program is zero? Sound too good to be true? I thought so as well. But that was until I learned about an insightful program from our friends in South Texas.
Let me introduce you to the Domestic Violence Court (DVC) in Hidalgo County.
I sat down with Alex Benavides, First Assistant Criminal District Attorney, and Amy Bayona, Chief of the Domestic Violence Unit in Hidalgo County, several weeks ago so that they could explain their program and how it could be implemented across the State of Texas. It is a specialty court only for domestic violence offenders, and it identifies defendants who are at risk of entering the felony family violence world and thus need substantial intervention. Its goal is to minimize any future criminal behavior, but specifically domestic violence.
Once accepted into the program, these defendants are required to work hard. They are held accountable. And in the end, if they are successful in the eyes of the State of Texas, their cases are dismissed. Hidalgo County has astonishing success rates—no new family violence arrests from program graduates—and Alex and Amy want to teach us more about what they’re doing.
Defendant criteria
The program is for misdemeanor offenses, primarily second-time domestic violence offenders or those whose first offenses are severe enough to warrant substantial early intervention. These are cases where the harm, while not legally classified as a felony, is serious enough to demand early and focused attention from the State; sometimes the injuries are significant, or other times the defendant’s behavior (when taken in full context) signals a risk that we cannot ignore.
Defendants can apply for the program either in a pre-trial diversion case or a post-conviction condition of community supervision, the distinction being that dismissal is the result for the pre-trial diversion cases. Defendants must be referred by the DA’s Office or the Domestic Violence Court Judge Rodolfo “Rudy” Gonzalez.
Upon referral the defendant completes an application, a Texas Risk Assessment Source (TRAS) assessment, and if relevant, an Addiction Severity Index (ASI) assessment. Additional requirements include the payment of restitution to include property damage and medical expenses, full compliance with all bond conditions originally imposed by the magistrate court, and no harmful contact with the victim. Defendants must not have any open warrants in any jurisdiction, and they cannot have any pending felony cases or prior felony convictions. Both the defendant and the victim must be adults. Defendants are also required to pay a $250 application fee, supervision fees, and the cost of classes and drug tests throughout the program. About 30 defendants are referred each month, and around 10 of those are accepted into the program.
The application process
The application includes the defendant’s personal information, employment, criminal history, prior contact with law enforcement, and substance abuse history. The document, a copy of which is available on TDCAA’s website (look for it with this article in the Journal section), clearly defines the program, the principals of operation, eligibility, and terms and conditions for participation. Defendants waive their right to a speedy trial, to discovery under Code of Criminal Procedure Art. 39.14, and their right to an expunction of records within the Hidalgo County Criminal District Attorney’s Office. The waiver of the expunction is important should the defendant re-offend down the road. Alex and Amy want future Hidalgo County prosecutors to see the prior case and opportunity the defendant was given.
My personal favorite part of the application is the “Statement of Accused: Voluntary Acceptance of Responsibility for Facts of Offense.” This page-long section cuts out more offenders than the prosecutors’ already critical eye. If there is a single “but she” excuse or justification for the defendant’s violent behavior, then the defendant has not demonstrated that he is in the right mindset for acceptance into the program—off to the traditional court you go, sir. Defendants must accept full responsibility for their assaultive, violent, and controlling behavior toward a member of their family to be accepted in the DVC program. If you, as the defendant, are not willing to accept full and complete responsibility for your conduct without placing any blame on the victim, then you are in no way worthy of the grace this program offers. This single page of the application probably predicts more success and failure than any other part. It could also potentially be used as a great tool in therapy, both for the defendant’s accountability and for the victim to see the abuse is not her fault—despite what her abuser may be saying behind closed doors.
The final stage of the application process is that two members of the DA’s office review all applications for the program and ultimately, acceptance is up to the State.
The team
The team who holds these defendants accountable consists of a prosecutor, a member of the public defender’s office, a probation officer, a counselor, a clinical supervisor, a program coordinator, and the judge. Each member of the team is present during court settings to provide both encouragement and accountability to defendants. They also give feedback in the event of violations.
The program
Defendants are given an individualized treatment plan after an evaluation by a counselor. This plan is not a cookie-cutter, one-size-fits-all approach! Treatment plans are implemented over the course of four phases and last between one and two years. Each phase is rigorous with both individual and group therapy, anger management, Batterers Intervention and Prevention Programs (BIPPs), meetings with probation officers, meetings with the DVC team, and court settings.
Phase One includes weekly appearances in court and with probation.
Phase Two changes to bi-weekly court contact and probation meetings. This is also when cognitive behavioral treatment (group counseling) begins. Unique to this phase is the addition of one-on-one meetings with Judge Gonzalez.
Phase Three transitions to monthly court contact with probation. Phase Three is when individual therapy is added to the plan and substance abuse treatment, if necessary (based on an ASI evaluation).
Phase Four requires monthly contact with both the court and probation. In Phase Four the focus shifts to transitioning into the community and the defendant’s use of coping skills that they (should have) learned in the first three phases.
There is a focus on mental health treatment through both individual and group therapy throughout the process. Other terms and conditions are like those of a standard probation: no new offenses, no drugs or alcohol use, restitution for property damage, and payment of court costs and court appointed attorney’s fees. Clearly, defendants are not allowed contact with victims that is threatening, harassing, or violent in nature. Some defendants are required to comply with protective orders if requested by the victim or warranted by the facts.
But it’s not all rules and punishments. There are rewards for progress and positive results too! Incentives can include gift cards, fewer required court appearances, phase advancement and recognition amongst your peers. If there is no pressure like peer pressure, there has to be no reward like being propped up in front of your peers—except for the big incentive, a dismissal.
Funding
This program was started in Hidalgo County in March 2017 by a grant initially funded through Governor Greg Abbott’s office. When the grant wasn’t renewed for a few years during the Covid-19 pandemic, they turned to county commissioners for assistance. Presently, the program is sustained by a $129,020 allocation from the commissioner’s court as well as grant funding, which was recently renewed. It pays annual stipends for each member of the team (prosecutors, defense attorney, probation officer, counselor, support staff, and the judge), provides incentives to the participants, and compensates court and probation staff for their additional time and work.
Participants themselves also partially offset some of the costs. They pay a $250 application fee, monthly supervision fees, and the costs of any classes or treatment required under their individual plans. The financial contribution is practical and reinforces accountability—a theme of the program and the participants’ success.
Violations
Should a defendant violate the terms and conditions of the program, the team evaluates those violations for possible sanctions. Sanctions can include verbal admonishment from the judge, modification of the treatment plan by adding classes or conditions to the treatment plan, time in jail, or removal from the program. If a defendant is removed from the program, he agrees upfront that he will be sentenced for the underlying offense. Sanctions are discussed with the team comprised of the prosecutor, a defense attorney, a probation officer, a counselor, and the judge, but the judge decides the sanction. While the judge can be a bit forgiving with sanctions, the decision to remove a defendant from the program or to dismiss a case lies solely in the discretion of the State.
Since the program’s inception, only 25 participants have been sanctioned, while four have been removed.
Results
Since the program’s inception in 2017, 190 participants have been selected. Of those, 96 have graduated, and there have been zero repeat family violence offenders among those graduates! That’s right: Not a single graduate of the DVC program has reoffended with a new domestic violence charge, according to records kept by the team and Judge Gonzalez.
But the program’s impact goes beyond numbers. Prosecutors in Hidalgo County report that participants leave the program with more insight into their behavior, stronger coping skills, and often, healthier relationships. Graduating defendants deliver an acceptance speech as they receive their certificates of completion. Many point to a common skill they’ve learned to use in place of violence: communication. “I never knew how to communicate with my spouse, or communicate what I was thinking or going through,” says one graduate who wished to remain anonymous. The real measure of the DVC program lies in the change it fosters—in defendants, in their relationships, and in the system’s approach to domestic violence. Prosecutors, counselors, and defense attorneys alike describe participants who begin to take real ownership for their actions, develop healthier ways to cope with stress, and build lives less shaped by control and violence. That kind of transformation is difficult to quantify, but its impact is undeniable.
A DV court for your jurisdiction
Not all counties will be on board with the cost associated with a specialty court. Some are hesitant to apply for grants, and for others, commissioner’s courts simply don’t have the budgets. However, these results are outstanding. The selective criteria for identifying those repeat offenders most in need of dramatic and invasive intervention has proven worth the time and expense in Hidalgo County. There is certainly an argument that implementing a similar program is far more helpful to the long-term safety of victims than the practice of “anger management class and dismissal” or just “dismiss because …” approaches.
If you can’t get the funding for a specialty court by way of grants or through your commissioners, might I suggest adding conditions such as these to an existing plea? While it won’t have the result of a dismissal, it could have the long-term effect of change. For one thing, switch out anger management courses in favor of Batters Intervention and Prevention Programs (BIPP). Here’s why: We have learned over time that defendants do not have an issue with controlling their anger—domestic violence is more about power and control—so anger management courses aren’t as helpful in DV situations. The BIPP curriculum must meet the requirements of the TDCJ-CJAD Guidelines to qualify and is targeted to the needs of domestic violence defendants. The chances of a defendant learning the lessons (to not hit again, to not control their partner, and that power does not exist as a weapon in a healthy relationship) are much higher from BIPP than anger management.
Add individual or group therapy (or both!) to your plea paperwork. Maybe include the “phase” approach to probation reporting requirements with an officer who has specialized training in domestic violence dynamics. Take the post-conviction aspect of the Hidalgo County model and use that to your advantage. If we can help reduce the number of new cases coming into your office because we are changing the mindset of defendants, that’s a win! And that, my friends, is what they are doing in Hidalgo County with this program.
But maybe you really like this program’s pre-trial aspect, but you still don’t have the money for a specialty court. That’s OK. Try these requirements as bond conditions with a pre-trial diversion probation officer. You may not have the team oversight of a DVC, but go back to the olden days when the prosecutor, the probation officer, and your office’s investigator checked in on people. Under this method, defendants must provide proof that they have completed the work (therapy certification, BIPP classes, the “phase” approach to probation officer meetings, no new offenses, etc.), and their reward can be a dismissal. It puts the onus on the defendant to be proactive in completing the work and turning in proof of completion to either you or a pre-trial diversion probation officer. Or, if you don’t want to keep track of 15 defendants, spell the requirements out in painstaking detail, including what type of classes and where they can be found, then make the defendant turn in the proof—to his attorney. If they want the dismissal, they can organize compliance. But keep in mind that the reason the Hidalgo County method works is that we are not simply checking boxes. Defendants are digging deep and working hard to discover the root of problems. Please shy away from simple box-checking and make the defendant earn the reward, or you will likely see him again.
I would also submit that this is not a practice for every DV case on your desk. The goal is to provide treatment for those who engage in domestic violence and to do it in a way that is more intrusive and that requires more commitment from the defendant. These prosecutors are attacking the problem by treating defendants on the verge of entering felony court. By offering them a big reward for completing the program, they incentivize defendants to dig deep and reflect on why they commit these crimes in the first place. Prosecutors are picky about whom they accept in the program, and once they accept applicants, they hold them accountable. The lack of family violence recidivism speaks for itself.
There’s certainly more than one way to skin a cat. Maybe attacking domestic violence with a specialty court program will cut into your caseload, reduce recidivism, and keep victims in your county safe—as it’s done in Hidalgo County.