The Case Against Mandatory Reporting of Domestic Violence Injuries

The Florida Coalition Against Domestic Violence disagrees with a law proposal that would require doctors to report suspected domestic abuse. They argue that reporting could put the victim in danger, as the abuser may retaliate. They also explain that domestic violence is a gradual process of control and manipulation by the abuser, and that mandatory reporting may not be the best solution to stop it. The person who hurts their partner in a relationship tries to control them, and may become more dangerous if they feel like they’re losing control. It’s important for the victim to make a safety plan to escape safely. This can take time, and may involve finding a safe place to live, becoming financially independent, and protecting any children. It’s important to have a plan in place before leaving, so that the abuser can’t hurt the victim or the children. Leaving too soon can make things worse. The doctor thought he had to report the abuse because of a law in Florida that said healthcare workers had to report any injuries that looked like they were caused by violence. Even though the law was originally meant for gunshot and knife wounds, some doctors thought it applied to all injuries from violence. This caused the woman to have to leave her home quickly to stay safe. In 1999, the Legislature clarified a law about reporting gunshot wounds or violent injuries to the sheriff’s department. Advocates believe mandatory reporting can help collect accurate data about domestic violence and keep victims safe from harm. However, data collection through mandatory reporting may not be reliable, and other methods may be more effective. The main goal is to protect battered women and their children from domestic violence. It’s not always safe for victims of domestic violence to report the abuse because their abusers may retaliate against them. Mandatory reporting could make things worse because it might stop victims from seeking medical help or talking to their doctors. Victims need support and information to make their own decisions about what to do. When someone is being hurt at home, it’s important for everyone to work together to help them. The police should gather evidence and arrest the person hurting them. The court should make sure the person gets punished. Domestic violence centers should give the person and their kids a safe place to stay. Doctors should help with any injuries and give support. It’s important to be kind and understanding when talking to the person who’s been hurt. And remember, it’s not their fault. If a woman tells you she is being abused, it’s important to support and believe her. Ask her if she is safe, and if not, give her the number for a domestic violence hotline. Let her know there are people who can help her, and give her information about getting legal help and support. Don’t tell the abuser about the conversation. The Florida Coalition Against Domestic Violence (FCADV) works to end domestic violence through education, policy development, and helping victims. They run a statewide hotline and provide resources and training. It’s important for health care providers to report any life-threatening injuries from violence, not just domestic violence. This article was written by a Tallahassee attorney on behalf of FCADV, with input from the executive director and a doctor.

Source: https://www.floridabar.org/the-florida-bar-journal/the-case-against-mandatory-reporting-of-domestic-violence-injuries/