Key points
- Michigan's Batterer Intervention Standards were created by a Governor's task force in June 1998; they are standards that courts were encouraged to follow, not a statute.[1][2]
- The standards recommend group intervention of 52 sessions or longer and set 26 sessions, completed over not less than 26 weeks, as the acceptable minimum.[3]
- Under the standards, couple counseling and family therapy are inappropriate as the primary intervention, and treating anger management as the primary answer may be counterproductive.[4][5]
- Programs report criminal behavior and violations of domestic violence related court orders to probation, the court or Children's Protective Services.[6]
- On a MCL 769.4a deferral, violating a court order to receive counseling regarding violent behavior requires the court to enter the conviction.[7]
A batterer intervention program is a group program that a Michigan court may order as a condition of probation in a domestic violence case.[8][9] The state has written standards for these programs, created in June 1998, which recommend 52 or more group sessions and set 26 sessions over at least 26 weeks as the minimum.[1][3] Those figures come from state standards that courts were encouraged to follow. They are not in a statute.[2]
If you are in danger or need to talk with an advocate, the National Domestic Violence Hotline is free, confidential and available 24/7 at 1-800-799-SAFE (7233), or by texting START to 88788.[10]
This page explains where the standards come from, what they say about length, format and cost, how programs report to the court, and what completion means.
Where do the Michigan standards come from?
The document is titled "Batterer Intervention Standards for the State of Michigan." It was created by the Governor's Task Force on Batterer Intervention Standards in June 1998 and is hosted on the website of the Michigan Department of Health and Human Services.[1] One of its stated purposes is to "assist in helping judges and others identify Batterer Intervention Services (BIS) that are reliable, predictable and responsive sources of intervention."[1]
The standards are not a statute or a court rule. On January 11, 1999, the State Court Administrative Office issued Administrative Policy Memorandum 1999-01 "to encourage state courts to follow the guidelines set out in" the standards.[2] The version on the state's website as of October 2026 is the June 1998 document.[1] You can read it here: Batterer Intervention Standards for the State of Michigan (PDF).
What gives a judge the power to order a program?
The probation statute does not use the phrase "batterer intervention." It allows a court to order a probationer to participate in mental health or substance abuse counseling, and to impose other lawful conditions "as the circumstances of the case require or warrant or as in its judgment are proper."[11][9]
The domestic violence deferral statute is more direct. An order of probation under MCL 769.4a may require the accused "to participate in a mandatory counseling program," and the court may order the accused to pay the reasonable costs of that program.[12] Probation conditions in general are covered in Probation in a domestic violence case.
How long does a program last?
Section 8.8 of the standards reads: "The recommended duration of group intervention is 52 sessions or longer, with 26 sessions being the acceptable minimum. The 26 session minimum is to be completed in a period not less than 26 weeks, exclusive of intake. Group sessions shall be a minimum of 90 minutes, with a maximum of two hours."[3]
| Feature | What the standards say |
|---|---|
| Recommended length | 52 sessions or longer[3] |
| Minimum length | 26 sessions, completed in not less than 26 weeks, not counting intake[3] |
| Session length | At least 90 minutes, with a maximum of two hours[3] |
| Format | Group intervention is the primary modality[8] |
| Group size | An optimum of 3 to 15 participants[8] |
The common statement that "Michigan requires a 52-week program" overstates this. Fifty-two sessions is the recommendation and 26 is the minimum under the standards.[3] What a given person has to complete is set by the court's order and the program's own rules, and practice varies from court to court.
Why a group, and why not couples counseling or anger management?
The standards make group intervention the primary modality. Individual sessions may be used for intake and assessment and may add to group work, but they are not to be substituted for group sessions except in special cases: medical or mental impairment, acute psychiatric disorder, or significant language barriers that interfere with group participation.[8]
The standards also name approaches they consider unsuitable as the main response:
- Couple counseling and family therapy "are inappropriate as primary intervention for batterers."[4]
- Mediation and other alternative dispute resolution. Batterers "should not be referred to alternative dispute resolution services in lieu of batterer intervention."[13]
- Anger management alone. Emphasizing a lack of skills such as anger management, stress management or communication skills "as the primary cause of battering may be counterproductive, but teaching those skills as part of a broader program is acceptable."[5]
This is why the standards do not treat a general anger management class as a batterer intervention program. A person who completes a different kind of class than the one the order names may find it does not satisfy the order. Ask the probation officer before enrolling in anything.
What does it cost?
The standards do not set a price. They say each program must have a written payment policy, including provisions for indigent participants, and must give that policy to each participant; participants are expected to contribute to the payment of the program.[14] Payment of the fee may be made a condition of probation.[14]
A person who cannot afford the fee should raise it early, with both the program and the probation officer. The program fee is separate from the fines, costs and assessments the court orders, which are listed in Fines, costs and fees.
What does the program tell the court?
According to the standards as quoted in the Domestic Violence Benchbook, providers are to "report to probation, the court[,] and/or Child Protective Services any criminal behavior or violation of court order relating to domestic violence that is relayed by the batterer" during the service, and to have an agreement with referring courts about reporting non-compliance.[6]
What a participant says in group is therefore not confidential from the court in those respects.[6] A participant who is still facing other charges, or who is appealing, should talk with a lawyer about what participation will involve before the first session.
What counts as completing the program?
Attendance alone is not completion. The minimum completion criteria in the standards include attending the minimum number of sessions the program requires, and having no reported incidents of physical violence, from police, self-report, victim report or other sources, since beginning or restarting the program.[15] The full list also covers threats, harassment and prohibited contact, acknowledging responsibility for the abuse, active participation, compliance with other ordered services, and meeting the program's financial agreement.[15]
The standards are clear that the program is not a penalty and not a replacement for supervision: it "is not punishment; it provides an opportunity for batterers to change their criminal behavior. It must not take the place of jail, probation, or other monitoring."[16]
What happens if you miss sessions or drop out?
When the program is a term of the probation order, failing to attend violates that order, and the graduated jail limits that apply to most technical probation violations do not apply to a person on probation for a domestic violence offense.[17][18] See Probation violations.
On a deferral the consequence is fixed by statute. If the accused violates a court order to receive counseling regarding his or her violent behavior, the court shall enter an adjudication of guilt and proceed to sentencing.[7] The deferral is explained in The first-offender deferral (MCL 769.4a).
Why the benchbook advises against ordering a program before trial
The Domestic Violence Benchbook's committee tip tells judges: "To protect the defendant's right against self-incrimination, do not order pretrial participation in a batterer intervention service."[19] The reason given is that these services typically require participants to admit responsibility for their abusive acts, which makes required participation an inappropriate pretrial release condition.[19] Conditions that are used before trial are covered in Bond conditions in domestic violence cases.
Finding a program
The standards exist in part to help judges identify reliable programs.[1] The practical first step is to ask the probation officer which programs the court accepts, get that answer in writing if possible, and keep proof of enrollment and attendance. Local starting points are collected in Resources for people accused of domestic violence, and services for people who have been harmed are in Where to get help in West Michigan.
Common questions
Does Michigan law require 52 weeks of batterer intervention?
No statute says that. The Batterer Intervention Standards for the State of Michigan recommend group intervention of 52 sessions or longer, with 26 sessions as the acceptable minimum, completed over not less than 26 weeks.[3] The standards are guidelines that the State Court Administrative Office encouraged courts to follow in 1999.[2] The length a particular person has to complete is whatever the sentencing court's order and the program require.
Can I do anger management or couples counseling instead?
That is up to the court's order, but the state standards do not treat them as equivalents. The standards say couple counseling and family therapy are inappropriate as primary intervention for batterers.[4] They also say that emphasizing a lack of skills such as anger management as the primary cause of battering may be counterproductive, though teaching those skills as part of a broader program is acceptable.[5]
Is what I say in group reported to the judge?
Some of it is. The standards call for providers to report to probation, the court or Children's Protective Services any criminal behavior or violation of a court order relating to domestic violence that the participant relays during the service.[6] Providers are also expected to have an agreement with referring courts about reporting non-compliance.[6]
Who pays for the program?
The standards expect the participant to contribute, and they require each program to have a written payment policy that includes provisions for indigent participants.[14] On a MCL 769.4a deferral, the court may order the accused to pay the reasonable costs of a mandatory counseling program.[12]
Can a judge order a batterer intervention program before trial?
The Michigan Judicial Institute's Domestic Violence Benchbook advises judges not to. Its committee tip says that to protect the defendant's right against self-incrimination, courts should not order pretrial participation in a batterer intervention service, because these services typically require participants to admit responsibility for their abusive acts.[19]
Sources
- Batterer Intervention Standards for the State of Michigan §1.5 (June 1998) — Michigan Department of Health and Human Services
- SCAO Administrative Policy Memorandum 1999-01; DVBB §1.5(B) — Michigan Judicial Institute, Domestic Violence Benchbook
- Batterer Intervention Standards for the State of Michigan §8.8 — Michigan Department of Health and Human Services
- Batterer Intervention Standards for the State of Michigan §7.3(b) — Michigan Department of Health and Human Services
- Batterer Intervention Standards for the State of Michigan §7.3(d) — Michigan Department of Health and Human Services
- Batterer Intervention Standards for the State of Michigan §§6.2, 8.14 (as quoted in DVBB §1.5(B)) — Michigan Judicial Institute, Domestic Violence Benchbook
- MCL 769.4a(4) — Michigan Legislature
- Batterer Intervention Standards for the State of Michigan §7.2(a)-(b) — Michigan Department of Health and Human Services
- MCL 771.3(3) — Michigan Legislature
- National Domestic Violence Hotline, thehotline.org (home page) — National Domestic Violence Hotline
- MCL 771.3(2)(e)-(m) — Michigan Legislature
- MCL 769.4a(3) — Michigan Legislature
- Batterer Intervention Standards for the State of Michigan §7.3(c) — Michigan Department of Health and Human Services
- Batterer Intervention Standards for the State of Michigan §8.7 — Michigan Department of Health and Human Services
- Batterer Intervention Standards for the State of Michigan §7.4 — Michigan Department of Health and Human Services
- Batterer Intervention Standards for the State of Michigan §2.0 — Michigan Department of Health and Human Services
- MCL 771.4b(9)(b) — Michigan Legislature
- MCL 771.4b(6) — Michigan Legislature
- DVBB §3.4 (committee tip) — Michigan Judicial Institute, Domestic Violence Benchbook
This page is general legal information about Michigan law, published by the office of Attorney Shawn Haff. It is not legal advice and reading it does not create an attorney-client relationship. Laws change and every case turns on its own facts — check the sources linked above and talk to a licensed Michigan attorney about your situation. If you are in danger, call 911. The National Domestic Violence Hotline is 1-800-799-7233.