Workplace & DV

I do not know if your state requires employers to report spousal abuse to the authorities - often times, in the majority of states, the mandatory reporting guidelines involve child abuse (not adult spousal abuse).  Most states also have mandatory reporting guidelines only for certain professionals (i.e., social workers, teachers, etc) but some states do require anyone over 18 who suspects child abuse to report it.  Some states may have mandatory reporting of certain types of adult abuse for certain professions - such as doctors reporting gun or knife wounds some of which may come from domestic violence or reporting suspected abuse of an elderly person.  If you want to find out where your profession has any mandatory reporting of adult abuse, you may want to ask your licensing board if you hold a specific professional license.  Alternatively, you may want to talk to someone at the {STATE} Coalition Against Domestic Violence to be sure whether or not there is any type of mandatory reporting in your state for your specific profession. 

If you decide that you want to report the abuse to the police even if you are not mandated (required) to do so, here are some things that you may want to think about.  I don’t know whether the police will investigate based on a third party’s report and I can’t speak about your state in particular but it may be possible that the police may open an investigation, which may lead to an interview of the person reporting the abuse, the victim, the offender, possibly an arrest and criminal charges being pressed.  However, this may not be something that the victim is ready to do or may even place the victim in further danger with the abuser in some cases. If you do decide to report your concerns to the police, this may be something mportance for the victim to know so that she can make plans for her safety.

Sometimes someone who suspects abuse of an adult may instead choose to speak with the victim before reporting the abuse to the authorities to find out if s/he wants to do so and to offer other support. If the victim would be unwilling to testify, for example, it might be difficult for the authorities to build a case against the abuser anyway. Also, in some cases, the abuser might not be kept in jail for very long if he is picked up by the police, and unless the victim has a safety plan in place, she may be in danger once he is released. 

If you want to speak to your employee about the abuse, and let her know that you are concerned for her safety, our website has a page with tips for friends and coworkers of abuse victims that may be useful: http://www.womenslaw.org/simple.php?sitemap_id=120

Another resource on our website that can be helpful if someone doesn’t know if s/he is abused is our “Am I being abused?” checklist (http://www.womenslaw.org/simple.php?sitemap_id=38)

If she decides that she is ready to take action, here are some more resources on our website that may be helpful to her:

• Things she can do to stay safe as safe as possible, whether or not she’s ready to leave (http://www.womenslaw.org/simple.php?sitemap_id=3)
• Domestic violence resources in her area. Most domestic violence organizations offer victims of domestic violence emergency shelter, but they may also offer other services as well. They may be able to offer her counseling, individual safety planning sessions, information on resources specific to her community, and help navigating the legal and social services systems. We have a list of domestic violence organizations at in your state here: [INSERT STATE AND LOCAL PROGRAMS]
• Restraining Orders. A restraining order can order her abuser to move out, to stay away from her, to not contact her, and to not hurt her. For more information on restraining orders and how to get one, see: [INSERT RESTRAINING ORDERS]

If your [FRIEND, SISTER, ETC] makes it clear that she does not want you to report the abuse to the police and will not report the abuse herself, I’m afraid that I do not have a good answer as to what you should do. If someone is not ready to end an abusive relationship, reporting the abuse may wind up alienating the victim from the person who reported it. However, getting help from the authorities might also help get a victim to safety.  I’m not a professional counselor, and I do not know the full details of the situation, so I can’t tell you what will be best. However, a local domestic violence organization may have an advocate that you can meet with to discuss your concerns. For a list of domestic violence organizations in your state, go here: [INSERT STATE AND LOCAL PROGRAMS].