Legal and Ethical Issues in the Court-Mandated Treatment of Batterers
Rosenbaum, Alan ; Warnken, William J. ; Grudzinskas, Albert J. Jr.
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Abstract
In the following article, we will explore the nature of the therapeutic relationship as it relates to batterers' treatment programs. We will consider the impact of obligations created by forces outside the relationship, such as those imposed by legal proceedings. We will discuss the concepts of confidentiality, privilege, and agency and their impact on the therapeutic relationship and the extent to which the therapists' understanding of the role these concepts play may be altered by court orders that impose treatment on a client/patient. Finally, we examine the issues and choices a therapist must make when engaging in court-ordered treatment of batterers, and the implications of those choices for both therapist and client; we will also suggest guidelines to help therapists sort through the often conflicting goals of therapy and the legal process.
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Rosenbaum A, Warnken WJ, Grudzinskas AJ. (2003) Legal and Ethical Issues in the Court-Mandated Treatment of Batterers. Journal of Aggression, Maltreatment and Trauma, 7 (1/2):279-303. DOI: 10.1300/J146v07n01_12
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Notes
Also published as a book chapter in: Dutton, D.G. and Sonkin, D.J. (2003) Intimate Violence: Contemporary Treatment Innovations. New York: Haworth Trauma and Maltreatment Press.