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Possible violation of no contact order?

Started by 4honor, Dec 19, 2006, 10:35:16 AM

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4honor

All parties and orders are in WA.

BM is CP. DH is NCP. My Step son pled guilty to and was convicted of Child Rape in the First degree in Jan of 2006.  As part of sentencing, a no-contact order with his victims (two half siblings, DH and I's children)was put into place. No expiration date is noted. SS has to complete a 22 month treatment program and has 9 months of jail time hanging over his head.

SS and his uncle decided to purchase individual gifts for DH, I, and the 2 siblings he is to have no contact with. I am being told that it was SS's idea. SS does not plan to sign the gift tag on the presents, but it is common knowledge among family members that it has already been purchased and wrapped.

I am torn about it. Part of me is vindictive and wants SS to get in trouble for it. Part of me is just protective of my own sons and thinks it is a BAD idea at this time. Part of me thinks it might be less of a deal than I think.

SS is known for telling on himself to his probation officer. He has been pulled back in front of the judge twice to decide on whether to revoke the SSODA treatment program and make him finish the jail time. The last time he was warned he had run out of chances.

Given the above information my questions are these:

1.  Should we expect SS's PO to request revocation of SS's probation if/when this matter becomes known?

2. Can I as a parent of the victims come under any negative legal effects if I allow the gifts to be given to the boys?

A true soldier fights, not because he hates what is in front of him, but because he loves whats behind him...dear parents, please remember not to continue to fight because you hate your ex, but because you love your children.

socrateaser

>Given the above information my questions are these:
>
>1.  Should we expect SS's PO to request revocation of SS's
>probation if/when this matter becomes known?

It really depends on the complete case history. If SS's intent was entirely innocent or genuinely to apologize for past behaviors, and the judge/PO believes it, then it might be ignored. Otherwise, this will be the end of the road.

>
>2. Can I as a parent of the victims come under any negative
>legal effects if I allow the gifts to be given to the boys?

Legally, if you know that the gifts are from a person who is prohibited from contact, and you allow the gifts to be provided to your minor children (over whom you have a legal duty to supervise and protect), then that would make you a criminal accomplice (accessory before the fact), because you will have enabled, abetted, assisted, and encouraged the commission of the violation of the criminal no-contact order.

You'll never be prosecuted for it and I doubt that a criminal judge would give it a second thought. But, a family law judge in a custody matter, might view the behavior as not in the child(ren)'s best interests, and use the fact to decide something against you or your DH.

All this is highly speculative, because we don't know what sort of case facts might be at issue, when the evidence is presented. Also, very difficult for an opponent to prove that you knew where the gifts came from, if they weren't marked.

The REAL issue here is your own admitted vindictiveness. If this is because it was your chldren who were abused, then I can understand. If this is not the case and you're just angry because you think you are socially justified, then I suggest you reexamine your motives, because you would be doing a far more socially valuable act by encouraging SS's good behavior, than enabling his bad behavior.

If SS is a time bomb sexual predator, waiting to go off, then he will explode all by himself. Your job is to keep him away from your kids, and the simplest way to do this is to return the gifts or turn them over to the authorities, and then get out of the firing line.