Billings advocates disagree on best approach to address domestic violence victims

Mar. 1—Increased public attention on crime and safety in Billings over the past few years has forced a reckoning with all that happens behind closed doors, because crime data shows that the most prevalent form of violent crime in the Magic City is domestic violence.

"The last two years were the first time I've ever heard the city government say anything about domestic violence," said Erin Lambert, director of YWCA Billings, who has been at the organization for almost 20 years. "The data has always been there, but it wasn't taken seriously."

Some domestic violence initiatives — expanding the Family Justice Center, dedicating more Billings Police Department investigators to the topic — await the impending city budget cycle for funding. But in the meantime, initiatives through the courts and criminal justice system seek to address the issues — and, in the process, demonstrate ideological rifts when it comes to where to focus resources.

One initiative includes the creation of a specialized domestic violence court, created by Justice Court Judge David Carter.

"The goal of my domestic violence court is to use all tools available to focus on victim independence, from a financial, legal, and emotional perspective" Carter said.

Carter's court seeks to address the lack of resources available to survivors through the justice system after sentencing.

"Prosecutions are about litigation," Carter said. "After sentencing, the role is over, the baton doesn't get passed."

Though offenders are under the supervision of Probation and Parole after sentencing, victims are no longer involved or connected to the courts.

"If a victim hasn't worked through their own issues, then as soon as the government steps away from the case, it doesn't create a brick wall," said Judge Jessica Fehr, of Yellowstone District Court. "Victims need to have gotten to a place where they're strong enough to stand on their own and say no to the abuser."

Carter encourages victims to create a parenting plan — so that there isn't uncertainty around custody if the relationship were to end — and to get his or her name on a lease, cellphone plan, car loan, all of which can be obstacles to separation.

"It's difficult to get into a tug of war over someone else's emotions when it comes to love, but we can help make it easier for them to walk away," Carter said.

The court does not currently have any funding or personnel to provide this assistance, but it can make referrals.

Carter currently has about 20 cases in his domestic violence court. Cases end up in the court after being ordered to it or through offenders volunteering to participate prior to sentencing. They usually stay in his court for around a year.

Carter says the court has faced obstacles, including "personnel, awareness, and philosophical issues" around the approach to the issue.

If domestic violence cases are thorny, with divided loyalties, then so too are approaches to address the problem, which can focus on both supporting survivors or trying to reform offenders.

In contrast, Carter said, when it comes to substance use disorder treatment court, the "models are very well-developed."

But across the board, specialization is seen as a way to produce better outcomes.

There are currently three domestic violence witness specialists and three domestic violence prosecutors in Billings municipal court. There are no specialized attorneys at the County Attorney's Office, which prosecutes felonies, such as strangulation or subsequent family member assault.

There are also two specialized domestic violence investigators at the Billings Police Department. City Council recently requested BPD to investigate the feasibility of allocating additional officers to domestic violence investigations, which Police Chief Rich St. John said would not be a possibility without increased funding and staffing.

This specialization can lead to more successful prosecutions.

"It's important to know what needs to get documented when the victim is cooperative," Lambert said.

There has also been a push to have probation and parole specialize in domestic violence, with pilot programs currently underway in Great Falls and Missoula. In Great Falls, this has resulted in increased home checks, increased participation in Batterer's Intervention for offenders, and better assessment of counseling needs, according to a Department of Corrections newsletter article by Monica Huffman, the region's DOC victim liaison.

"While these specialty caseloads can be a useful tool within P&P offices based on the unique needs of the community, the assignment of specialty caseloads to certain officers increases caseloads for other officers in the office," said Carolynn Stocker, a spokesperson for the DOC, on why this program does not exist in Billings.

Currently, five of 39 probation and parole officer positions in Billings are vacant. The average caseload of each officer is 87. With full staffing, caseloads would be about 70.

Even with adequate staffing, some lawyers and advocates who work with domestic violence victims fear that these programs can be dangerous for victims — and wonder if the focus on offender rehabilitation is the best way to reduce recidivism and revictimization.

"I have mixed feelings about these kinds of programs," Lambert said. "I don't think they empower a victim, they put victims at risk."

"There's no positive that can come from that approach at all," said Benjamin Halverson, one of three city attorneys who specializes in domestic violence cases, on having probation and parole officers monitor victims. "There's no incentive for victims to be truthful, that's not a safe place for a victim to be honest."

When it comes to batterer's intervention programming, Halverson was similarly dubious.

"The vast majority of these men are not fixable," Halverson said. "Domestic violence isn't caused by addiction or mental illness, it's caused by undiagnosed personality disorders. There's no known way to treat that clinically that's an effective use of resources."

Currently, most, if not all, domestic violence offenders undergo an assessment and some kind of counseling as part of sentencing.

"I'd be shocked if any judge is not imposing, at a minimum, a domestic violence assessment and to follow all recommendations," Fehr said.

Alternatives, a community corrections organization in Billings, offers much of this programming, paid for by grants from the federal government and the MontanaBoard of Crime Control. There is no domestic violence specific programming, but most partner/family member assault offenders participate in classes in criminal thinking errors, anger management, and parenting, according to Hollie Bowman, Director of Community Programs at Alternatives.

When it comes to preventing revictimization, Halverson believes more should be done on the legal side, outside of criminal court, to support victim empowerment.

"A big need that is constantly lacking is assistance in the civil system," Halverson said.

Currently, during civil disputes over children and property, "victims are asked to do so much on their own."

Halverson says his office tries to set victims up with civil attorneys whenever they can, but on a good year this would be getting just five victims legal assistance.

"If victims are unrepresented in court and the abuser is, they get run over," Halverson said. "The process itself can be so traumatizing."

Even with resources, it can still be difficult to prevent victims from returning to their abusers.

"I have a woman in family recovery court, who we've offered the moon and the stars to, but she's so enmeshed with her partner that she says no to everything we're offering," Fehr said. "She's in love with him and that trumps everything, but all of us watching are thinking 'This is violent, this is toxic.'"

"It's so dangerous, so heartbreaking, and a lot of times you feel very helpless watching the cycle play out," she added.

___

(c)2024 the Billings Gazette (Billings, Mont.)

Visit the Billings Gazette (Billings, Mont.) at www.billingsgazette.com

Distributed by Tribune Content Agency, LLC.