Mandatory Reporting of Domestic Violence in Colorado

Colorado doctors and physician assistants are required to report to the police any domestic violence-related gunshot wounds and knife wounds. For all other domestic violence-related injuries, doctors and physician assistants may – but are not required – to report the injuries if the victim:

• is at least 18 years old, and
• requested that the injury not be reported.

Therefore if the victim is a minor under 18 years of age, Colorado law requires that doctors and physician assistants be mandatory reporters no matter what. It does not matter whether the abuse involved sexual abuse or caused serious bodily injuries.¹ The following table summarizes these mandatory reporting rules.

COLORADO MANDATORY REPORTING RULES FOR DOCTORS AND P.A.s
MUST REPORT	MAY REPORT
Gunshot wounds from domestic violence, no matter the victim’s age Knife wounds from domestic violence, no matter the victim’s age Any other domestic violence-related injuries to victims under 18 years old	Any domestic violence-related injuries to victims who are at least 18, even if they request that their injuries go unreported

Penalties for Failing to Report Domestic Violence

It is a petty offense in Colorado for doctors and physician assistants (“licensees”) to fail to report gunshot wounds or knife wounds related to domestic violence to a local law enforcement agency. It is also a petty offense not to report other domestic violence-related injuries unless:

• the victim is at least 18 and
• indicated the preference not to report.

Petty offenses carry:

• up to 10 days in jail, and/or
• up to $300 in fines.²

Other Obligations Doctors Have

Colorado doctors and physician assistants who honor an adult domestic violence victim’s request not to report their injuries are required to document this request in the victim’s medical records. Doctors and physician assistants who do report a domestic violence victim’s injuries to police should make a good faith effort to confidentially notify the victim of their intent to make the report. Whether or not a doctor or physician assistant reports a victim’s injuries, they should refer the victim to an:

• advocate or to
• other services (such as assistance hotlines).³

What qualifies as domestic violence?

“an act of violence upon a person with whom the actor is or has been involved in an intimate relationship. Domestic violence also includes any other crime against a person or any municipal ordinance violation against a person when used as a method of coercion, control, punishment, intimidation, or revenge directed against a person with whom the actor is or has been involved in an intimate relationship [‘intimate partner’].”

“relationship between spouses, former spouses, past or present unmarried couples, or persons who are both the parents of the same child regardless of whether the persons have been married or have lived together at any time.”⁴

Can doctors be sued for making a report?

No. Doctors and physician assistants cannot be held civilly liable for reporting a victim’s injuries to the police as long as they had a good faith belief that domestic violence was the cause. As discussed above, failing to follow reporting requirements is a petty offense in Colorado.⁵

Mandatory Reporters for Child Abuse

Some of the mandatory reporters for child abuse include:

• medical professionals,
• social workers in any licensed or certified facility or agency (such as child care providers),
• mental health professionals,
• teachers,
• police,
• clergy members,
• workers of county departments of health, human services or social services, and
• emergency medical service providers.

Failing to report child abuse when required is a class 2 misdemeanor, carrying:

• up to 120 days in jail and/or
• up to $750 in fines.⁶

Learn more at Child Protective Services, Colorado Department of Human Services.

Mandatory Reporters for Elderly Abuse

Some of the mandatory reporters for elder abuse or abuse of adults with intellectual disabilities are:

• court-appointed guardians and conservators,
• clergyman,
• law enforcement officers,
• home health staffers,
• anyone providing medical care services,
• first responders,
• social workers,
• health care workers, and
• people doing case management or assistant services for at-risk adults.

Failing to report elder/at-risk adult abuse is a class 2 misdemeanor, carrying:

• up to 120 days in jail and/or
• up to $750 in fines.⁷

Learn more at Adult Protective Services, Colorado Department of Human Services.

Additional Resources

• Address Confidentiality Program (ACP) – A program for domestic violence victims to use confidential addresses.
• Center for Community Safety and Resilience – Using research and evidence to drive public policy for thriving people and families.
• Office for Victims of Crime (OVC) – Colorado – The OVC is a government program supporting many programs and services focusing on helping crime victims.
• Renew, Inc. – Intervention and education for victims.
• Violence Free Colorado (Formally Colorado Coalition Against Domestic Violence) – Offers training and policy initiatives throughout the state re. eliminating domestic violence.

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Legal References