Shedding Light on Domestic Violence Reporting Laws
To understand the implementation of domestic violence reporting laws, it is important to first grasp the general purpose and importance of such laws. In simplest terms, domestic violence reporting laws are designed to help victims of abuse by imposing mandatory reporting standards for police, hospital, and other professionals that come in contact with those who may have been abused.
The goal is to ensure that victims are identified and afforded the protections offered by law. These protections can include everything from access to a domestic violence restraining order to emotional support services, to standard protocols for managing and following up on investigations of domestic violence.
Some of these laws require police to track certain data about domestic violence incidents. Examples include indicating if any injuries were of a sexual nature, if weapons were used or if the abuser is under the influence of alcohol or drugs. Another good example of a domestic violence reporting law is New Jersey’s forcible treatment law, which requires mandatory blood tests of any accused abuser if the incident occurred against a pregnant victim or the abuser is suspected of HIV positive status .
The enforcement of these laws is generally handled at the state level, and may vary widely by local jurisdiction. However, the overall goal of any effective domestic violence reporting law is to ensure that relevant data is collected in a manner that’s useful by police, support groups, and the courts in the long term. This is important to recognize, in part because when someone seeks help for an abusive situation, the first place many go is to the police.
For this reason, police officers are expected to be well versed in the realities of domestic violence. Where they aren’t—whether due to a lack of education, attention, or some other factor—the enactment of domestic violence reporting laws may not meet its intended purpose.
Note that domestic violence reporting laws and protective orders (and the various processes for obtaining them) are separate but equally important legal concerns. If you’re seeking a restraining order to protect yourself against an abusive partner, you may wish to counsel with a qualified domestic violence lawyer about your options for best protecting yourself and your children.
Key Features of Domestic Violence Reporting Laws
The core principles that guide domestic violence reporting laws are the legal requirements of reporting versus the ability to exercise discretion, the groups that are required to report incidents, and special considerations for different professions such as healthcare providers and educators.
Mandatory or Discretionary:
Some states require that certain professionals report suspected abuse or neglect whereas other states give the professional the discretion to file a report. Whether the reporting is mandatory or discretionary, however, depends on whether a professional has "knowledge or reasonable cause to suspect" that a child has been a victim of abuse or neglect. Failure to report where there is an obligation to do so can carry both civil and criminal penalties.
Professionals Required to Report:
While all states require physicians, medical examiners, nurses and certain law enforcement personnel to report suspected abuse or neglect, other current mandatory reporters include dentists, mental health professionals, paramedics, social workers, school officials, and childcare employees.
Special Considerations for Certain Professionals:
Mental health professionals have special obligations because the therapist-client relationship gives rise to special protections. For example, in many states the therapist has the legal option to keep his or her report confidential (ex. by filing a report with the attorney general rather than the police department). In some states (ex. Washington), a therapist must first discuss their suspicion with the client and provide the client with an opportunity to take steps to protect themselves. Law enforcement personnel have special obligations under the law to seek judicial approval where they need access to privileged communications, such as a therapist’s notes.
Variations Across States in Reporting
While domestic violence laws have been enacted at the federal level, reporting requirements vary from state to state. In many states, laws specifically identify who is required to report suspected domestic violence. Some require more immediate notifications in certain circumstances. Others mandate the reporting of past offenses, and others even require the preservation of evidence. In the District of Columbia, mandatory reporters include law enforcement officers, hospital staff, and medical practitioners or employees. However, school teachers, social workers, day care employees, mental health professionals, and employees and residents of other facilities in D.C. do not fall within the category of mandated reporters. In Montana, all individuals must report knowledge of a domestic violence offense. Failure to report knowledge of a domestic violence offense is a misdemeanor, but all individuals are entitled to good faith immunity, meaning that reports made without malice will protect them against both civil and criminal liability. This immunity, however, does not extend to mandatory reporters. Connecticut mandates that health care providers report suspected child abuse, but attorney-client communications or communications between religious ministers and congregants are protected. In South Carolina, the common law duty to report suspected domestic violence exists, but the state law does not recognize any immunity for such disclosures. Thus, lawyers who divulge confidential information to report domestic violence may be violating their ethical obligations.
Legal Penalties for Not Reporting
In states with mandatory reporting laws, failure to report domestic violence can have serious consequences for those who are required to do so. Legal obligations typically vary depending on the state in which the reporting takes place and the specific individuals and circumstances involved. This section provides a general overview of some of the potential legal repercussions for individuals who are required by law to report domestic violence, but it is not intended to address every possible scenario. Any person who purposes or knowingly fails to report domestic violence that they are obligated by law to report is guilty misdemeanor. (See, e.g., Cal. Penal Code § 142; Mich. Comp. Laws § 722.623.) Accordingly, in California, a failure to properly report domestic violence can lead to a misdemeanor conviction, which is punishable by up to six months in county jail (or both) along with a fine of up to $1,000. (Cal. Penal Code § 19; Cal. Penal Code § 262.5.) While Michigan also classifies failure to report allegations of domestic violence a misdemeanor (Mich. Comp. Laws § 722.623), any person, corporation, or organization that knowingly fails to report domestic violence may be subject to disciplinary action resulting in revocation, suspension or denial of the violator’s professional license. (Mich. Comp. Laws § 722.623.) This could potentially result in substantial fines against the license holder, as well as an associated disciplinary record which may result in permanent denial or suspension of the license at issue. (Id.) Other states similarly impose licensing and disciplinary requirements, both for those who are obligated to report domestic violence and for those who make false or frivolous reporting. (See e.g., Ark. Code Ann. § 9-15-205; Mo. Rev. Stat. § 210.130(10).) In Oklahoma, "health care professionals" are subject to a civil penalty of up to $5,000 for failure to report domestic abuse, along with disciplinary action by the appropriate licensure authority. (Okla. Stat. tit. 43A § 10-106(C)(25).) There are also legal consequences perhaps more drastic than mere fines and the potential loss of professional licenses if an individual who is required by law to report domestic violence fails to do so and a child or vulnerable adult suffers serious injury or death as a result. (See e.g., Ark. Code Ann. § 9-15-205.) Because mandatory reporting laws vary widely by jurisdiction and are not static, anyone with questions about a particular law should consult an attorney licensed in the state in which he or she seeks advice.
The Confidentiality-Mandatory Reporting Balancing Act
Navigating the tension between upholding confidentiality and fulfilling the obligations of mandatory reporting is a complex and often contentious challenge. For legal professionals, this is not just an ethical dilemma but also a matter of legal obligation. Failure to report can ultimately lead to civil (and at times, criminal) liability. On the other hand, victims and advocacy groups argue that breaking the confidentiality of a victim can be not only damaging but also contradictory to the best interests of the very women and children the laws are designed to help.
Under "mandatory reporting" laws, certain professionals have an affirmative obligation to report any evidence or suspicion of child abuse, domestic violence or other offenses. Whether it’s a teacher witnessing bruising on a child, a doctor confronted with an injured partner in the emergency room, or a therapist made aware of an abusive situation, the law in many states requires that these professionals report the facts to the authorities, whether or not the victim has authorized such a report. These mandatory reporting laws have two main purposes: sending a strong public message that abuse is a serious crime; and acting as a deterrent to the abuser. The latter is a very important factor when viewed in the context of keeping children safe. After all, most domestic abuse law is defined in terms of physical violence against women, but children are often very affected, emotionally and physically, by their mother’s victimization.
Confidentiality, on the other hand, is not so clear cut. Most states presently grant victims a "privilege". Under these laws, victims have a right to keep communication with their attorney confidential, and neither the lawyer nor the victim can be forced to provide information to an outside party relating to the crime unless the client gives express permission . If you do not have privilege with your attorney, he or she can be called to testify against you in a court of law. Telephone hotlines, shelters and other advocacy organizations that treat victims are also protected. These confidentiality rules are crucial for victims in rebellion against their abusers. Victims need to know that someone is on their side, and can be trusted to "keep a secret".
This puts the lawyer in a difficult position, and as a result recent years have seen the law fall into legislative anarchy. Inconsistencies between states, even between neighboring states, mean that the lawyer’s first question before falling back on professional ethics has to be where the alleged crime occurred. Even the manner of reporting may vary. Some states require that the report be made immediately, whereas others allow for a delay in order to give the victim a chance to deal with the incident personally. And while some states offer civil immunity to those who report, some make no distinctions or offer nothing more than protection from criminal prosecution. Others provide for immunity on what seemed an arbitrary basis, depending on the age of the victim or the severity of the crime.
Victim’s advocates, meanwhile, have their own set of concerns. Mandatory reporting and reporting in general can cause ambivalence amongst victims. In the opposite way, the limited and sometimes selective reporting of information about abusers can also be damaging to victims. The former makes victims less likely to utilize and/or benefit from needed services, whereas the latter, they argue, can in essence add to the difficulty of being a victim of abuse. Major concerns at present include:
Mandatory reporting presents lawyers, abuse victims, and society at large with an ethical and legal balancing act between protecting the rights of the victim on the one hand, and pursuing the public interest in punishing, deterring and preventing further abuse on the other.
The Process of Reporting: Steps, Stages, and Strategies
To report domestic violence, an individual can typically contact their local law enforcement agency or, in certain states, a specialized domestic violence organization that is authorized to take reports. When calling for help, it’s important to provide the police with as much information as possible. This includes your name and address; the names and ages of everyone in the household; if there are any weapons in the house; the location of any injuries; and if you require immediate medical attention. If you are in a public place, try to speak to police or 911 operators in a private area where they cannot overhear you speaking.
In most states, a witness to an act or threat of domestic violence must also report known or suspected instances of domestic violence to the police. If necessary, police may issue a warrant for an arrest based on a witness report. A victim of domestic violence is generally not mandated to file a report. However, a victim may wish to file a police report for additional documentation, so that their abuse can be tracked as part of a broader pattern of behavior over time.
Those who do file a report may be encouraged to provide as much detail as possible in a written account. The police may ask for the following key pieces of information: a description of the relationship between the victim and the abuser; whether alcohol or drugs were involved; whether the abuser was arrested after the witness report; the current physical/mental condition of the victim; and how soon the incident occurred or was reported.
No matter where you are or the situation, safety should always be your number one concern when reporting domestic violence. If you feel that you are in danger, it is best to seek protection from law enforcement and make sure all necessary precautions are taken to keep yourself safe. In such cases, it is not advised to engage with the abuser. Instead, identify a safe location, such as a family member or friend’s house, and make arrangements to stay at a safe distance from the abuser.
If possible, keep a record of all incidents involving your partner. Write down the date, time, and details of each event. Photographs may also be useful evidence, especially if the abuse results in visible marks, bruises, or other harm.
Victim and Reporter Support Resources
Victims of domestic violence and others are not without support and resources. There are state-wide hotlines and counseling services that can provide assistance, as well as access to free or low-cost legal aid for those in need of representation. The below resources both for those required to report domestic violence, as well as for the victims, may help to ease the burden otherwise placed on such individuals.
Hotlines:
The Virginia Family Violence and Sexual Assault Hotline
1-800-838-8238 – 24/7
VA Sexual & Domestic Violence Action Alliance (800) 738-2255
NATIONAL Domestic Violence Hotline 1-800-799-7233
FOR THE HEARING/SPEECH IMPAIRED (TDD/TTY): 1-800-787-3224
Virginia Department of Social Services Helpline 800-552-7096 – 24/7
Virginia Department of Social Services Child Abuse/Neglect Hotline 800-552-7096
For other states , visit: http://www.fcadvocates.org/useful_national_organizations.html
Resources for Victims:
Center for Family and Child Enrichment (CFCE) 201-292-5660
Cooperative Extension (804) 748-1241
Legal Aid Justice Center 1-866-LEGLAID (534-5243) – 9-5 Mon-Fri
Legal Aid Works 1-866-LEGLAID (534-5243) 1-888-LEGLAID (888-534-5243) Teletype
Legal Services of Northern Virginia (703) 778-6800
Legal Aid Society of Roanoke Valley (540) 345-1194
VGAF Richmond (804) 644-8611
For a complete list of all available services and resources, visit: http://www.fcadvocates.org/useful_local_resources.html