DEFINITION:
Domestic
Violence is a pattern of assaultive and coercive behaviors,
including physical, sexual, and psychological attacks, that
adults or adolescents use against their intimate partners.
Without intervention the violence usually escalates in both
frequency and severity resulting in repeat visits to the
healthcare system or death.
IMMUNITY:
A health care practitioner who makes a report
shall not incur civil or criminal liability as a result of any
report required or authorized by law.
LIABILITY:
- Civil - A physician who treats a victim
and does not inquire about domestic abuse or accepts an
unlikely explanation for the injury could be held liable if
the victim returns to the abuser and is injured again.
- Criminal - A violation of this
reporting law is a misdemeanor punishable by imprisonment in
the county jail not exceeding 6 months, or by a fine not
exceeding $1,000, or both.
DUTY TO REPORT
A health care practitioner who, in his/her professional
capacity, or within the scope of his/her employment, provides
medical services for a physical condition to a patient whom
he/she knows or reasonably suspects is suffering from any wound
or other physical injury inflicted as a result of assaultive or
abusive conduct, including abuse of a spouse or cohabitant, must
report the incident to law enforcement.
-
"Reasonably
suspects" means that it is objectively reasonable for a
person to entertain a suspicion, based upon facts that could
cause a reasonable person in a like position drawing, when
appropriate, on his/her training and, experience, to suspect
domestic violence.
HISTORY
SUGGESTING DOMESTIC VIOLENCE:
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VERBALLY REPORT:
Contact the appropriate law enforcement
agency immediately by phone.
- Capitola Police Dept. 471-1141
422 Capitola Avenue, Capitola, CA 95010
- Santa Cruz Police Dept. 471-1131
809 Center Street, Santa Cruz, CA 95060
- Santa Cruz Sheriffs Office 471-1121
701 Ocean St., Rm. 340, Santa Cruz, CA 95060
- Scotts Valley Police Dept. 438-2326
1 Civic Center Drive, Scotts Valley, CA 95066
- UCSC Police Dept. 459-2231
University of CA, Santa Cruz, CA 95064
- Watsonville Police Dept. 471-1151
215 Union Street, Watsonville, CA 95076
WRITTEN REPORT:
Complete a Suspected
Violent Injury Report form (provided by law enforcement) and
submit it to that agency within two working days of receiving
the information.
It is recommended you include in patient's
medical records the following:
- Comments by patient regarding past
domestic violence and/or name of person suspected of
inflicting injury
- Map of body showing
and identifying injuries
- Copy of law enforcement reporting form
ASK ABOUT
DOMESTIC VIOLENCE:
- Talk to the patient alone in a safe,
private environment
- Use direct, simple questions such as:
- "Did someone cause these injuries?
Who?"
- "Are you in a relationship with a
person who physically hurts or
threatens you?"
MAKE APPROPRIATE REFERRALS:
It is highly recommended you refer the patient to local domestic
violence services provided by one of the following organizations:
- Walnut Avenue Women's Center
(831) 426-3062 (Santa Cruz) 24-Hour Hotline:
1-866-2MY-ALLY 1-866-269-2559
- Women's Crisis Support
Defensa de Mujeres
- (831) 425-4030 (Santa Cruz)
- (831) 722-4532 (Watsonville)
- 24-Hour Hotline: (831)
685-3737
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