QUESTION:
My son lives in my house and is on probation has a restraining order against him by the court for his baby’s mom. The order is no contact and it’s for her and the baby to not talk see contact my son. I got home tonight and they were both here with the baby. Is knowing that they are together and not reporting it a crime?
ANSWER:
I’ve never seen anyone charged as an accessory after the fact for aiding and abetting a restraining order violator. I think it is probably technically possible, but I’ve never seen it personally. If there isn’t a child endangerment aspect, I think you’re on good footing, especially considering the protected party traveled to your son’s location and not vice versa. But having said all that, your son should obey the law. If he wants to have contact with his child and co-parent, he should go to court and ask the judge to modify the protective order. That is in everyone’s best interests in the long run. Your son can be arrested and criminally charged every time he violates the protective order.
