Fort Collins Domestic Violence Attorney
Mandatory Reporting and Domestic Violence

A new law is being debated about whether allow mandatory reporters to choose if they want to report Domestic Violence injury or not.

It is not very often that you see advocates and victims in Fort Collins, Loveland, and Estes Park pushing for fewer measures to be taken in order to ‘protect’ them, but that seems to be the issue  Colorado lawmakers recently addressed. House Bill 17-1322 changed the mandatory reporting laws, as they apply to Domestic Violence situations. This bill proposed that a medical professional considered a mandatory reporter would not be required to report an injury if:

  • The victim is over 18 years old and does not want the injury to be reported;
  • The injury is not an injury that the reporter is otherwise required to report; and
  • The injury is not a serious bodily injury.

Now,  people who come in with suspected Domestic Violence injuries are given the choice about whether they want the injury reported and the mandatory reporter notes their choice in their medical records.

Larimer County Domestic Violence Lawyer: What is a Doctor Supposed to Mandatory Report?

The Colorado statute regarding Mandatory Reporting and Domestic Violence is found under C.R.S. 12-36-135 and states:

(1) (a) (I) Every licensee who attends or treats any of the following injuries shall report the injury at once to the police of the city, town, or city and county or the sheriff of the county in which the licensee is located:

(A) A bullet wound, a gunshot wound, a powder burn, or any other injury arising from the discharge of a firearm, or an injury caused by a knife, an ice pick, or any other sharp or pointed instrument that the licensee believes to have been intentionally inflicted upon a person;

(B) An injury arising from a dog bite that the licensee believes was inflicted upon a person by a dangerous dog, as defined in section 18-9-204.5 (2) (b), C.R.S.; or

(C) Any other injury that the licensee has reason to believe involves a criminal act, including injuries resulting from domestic violence.

This new law allows a doctor, nurse, or other medical professional the ability to let the patient decide if they want an injury reported and possible criminal charges filed, as long as the injury is not considered serious bodily injury (i.e. burn, broken bone, etc.) or a dog bite from a dangerous dog.

 

If you or someone you love has been charged with a Domestic Violence offense in Larimer, Boulder or Grand County, be smart, exercise your right to remain silent, and contact Fort Collins’ best Domestic Violence criminal defense attorneys at 970-658-0007. Together, we can protect your future.

Image Source: Pixabay-DarkoStojanovic

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