In 1996, a Brooklyn man who was accused of committing acts of Domestic Abuse against his wife was arrested, charged, and as a condition of bail, was issued a command by the court that he attend a domestic violence counseling program. He applied to the court that he felt that the condition of the domestic violence counseling program was unreasonable. The suggestion was that because he had not been convicted of domestic violence, that requiring treatment for domestic violence offenses presumed guilt of the offense that he was only charged with. The court disagreed and denied his motion.
The judge stated that his justification in requiring the father to attend domestic violence training had nothing to do with a supposition of guilt, rather it was a way of reminding the subject that he was under the control of the court until trial. The judge stated that statutory language that is used to establish bail guidelines states that the court may deem any other conditions as it sees appropriate. He views this language to as authorizing the court to establish as a reasonable bail condition, attendance at a domestic violence program.


