One of the most important things ALL RSOs must learn is to PROTECT THEMSELVES at all times and stay away from any situation that can possibly cause them problems-----and this situation will certainly cause problems if his PO finds out about it. One little accusation or misunderstanding by one of those children and your son would not have a chance in hell of staying out of prison.

My advice is to get your son out of that situation ASAP, which means right now. Send him the money for a room somewhere or something, but get him away from those children. After he is safely away from there, then you can make your plans on the best way to handle the situation.

Then Monday morning talk to your attorney.

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That sounds reasonable, even though he is suppose to be at this address and no where else. My attorney won't have the right to say or do anything will he? He represented my son when he was first arrested at age 18 but has had nothing to do with him as far as legal counseling since. strngwmn66

A lawyer is always good to consult. I am someone in the system as we speak and I will tell you what I know my PO and treatment team would want me to do in this situation.

First thing is you remove yourself from that situation, but you tell your PO why, even if you can't get a hold of them, leave a message explaining the situation and that he doesn't know what do do, that he is going to get a room somewhere (give them the address) and wait for further guidance.

I can tell you with near certainty this is the correct line of action. Make sure his PO knows up front, it will all come out one way or the other, and if they find out about it without him telling them it looks like he was doing it on purpose and trying to hide it. If he's up front and honest with them about the situation they will look at it as a good thing and that he's trying to be responsible about it.

The worst thing that can happen is for your son to have a secret as big as this and his PO find out about it before he can tell them. Secrets are every PO and treatment teams biggest pet peeve.

i will pass this info on to my son. He is so afraid that if he even reports this to his po he is the one that will be in trouble. I am very upset and feel violated myself. This young man knows my sons situation, i told him to take his family and leave immediately, he was very rude,said some very disgusting things to me. He is sitting in my house just daring me to do anything. He thinks he has me over the barrel because of my son being a RSO. Just seems like there should be something i can do, he is willing staying with his children in my home, exposing them to a RSO, not that my son would hurt them but isn't there some kind of consequences on his part? This young man doesn't care about anyone, it is all about him. I will contact my lawyer first thing in the morning and ask his advise for both me and my son.

As others have said your son needs to get out of there immediately however he can and notify his PO that he is not in his home and why. He shouldn't get in trouble for not being at his address as long as he tells his PO exactly where he can be located (as long as the new location is compliant) and that he isn't at his home address because because others that he cannot control have placed a child into the home against his and your wishes.

On the other hand if he stays in the home then there's no doubt he will be violated because he will be staying there willingly and knowingly violating his terms of supervision. That's 10 times worse than trying to remain reasonably compliant as best as possible under the circumstances.

The thing to remember here is that the law works both ways. Yes, we have the RSO and associated laws that tend to work against us. However, we also have two federal statutes that apply to state actors worth mentioning, which are Title 18, United States Code, Section 241, and Title 18, United States Code, Section 242. These are criminal laws which pertain to civil rights violations. How these can be useful, is that if there is a relatively strong base of information that supports that a LEO or probation officer acted in such a way that is patently a violation of the United States Constitution, then a federal felony charge could possibly lie against that state actor, and even if the federal government doesn't prosecute, it is still a grounds for a civil action, as these acts also constitute civil torts, for which money damages can be potentially awarded. While the law does recognize probation as a "privilege", the term "privilege" is constrained by the first, eighth and fourteenth amendments to the United States Constitution, to at least the standard that these rights are protected within penal institutions- and probably to a much larger extent, because "security of an institution" is not at issue within the context of probation, and therefore will not be a defense the state can raise in response to federal litigation brought under 28 USC Section 1983, which states that civil rights violations are a cause of action against state actors. Another legal tactic that one can use here is individual domicile. Within the law if I am NOT on probation, but my husband is, I still have the lawful authority to prevent the probation office from entering my dwelling, under criminal trespass law, and the Search Warrant requirement. The Supreme Court has said that the other half does not have lawful authority to submit to a search on my behalf in the first place, and therefore cannot be held liable (i.e. violated) for failing to allow a search because he has no legal standing to allow that search, unless the search is confined to that particular persons non-shared personal space. Then we have the issue of various sorts of legal privileges ranging from ministerial privilege to spousal privilege, and a bunch of stuff in between. These can be useful to make a probation officers life HELL without there being much they can really do about it. My best advice would be to consult an attorney, after having done some legal research of your own.

WOW! This is the first time that I have heard that RSO do have some rights and their spouses also. This is good to know. Today is the day they are suppose to move out. i will know for sure this afternoon and if not then I consult the attorney and my son will do as advised. I should have rights also, after all, this is my home, I should still be in charge of who lives there and who doesn't. I appreciate all of the information i have received from all of the members. It has been a great help.

With respect to spouses- what we must remember is that our constitution forbids congress from passing any "bill of attainder" as law. What a bill of attainder is is simply a bill that punishes a second person for an act done by the first person whom happens to be related to the second person, though the second person had nothing to do with act in question. The only exception to this is the concept of conspiracy, but even then, conspiracy is ALWAYS required to be charged as a distinct crime from its principal.

I talked to my lawyer yesterday. He advised me to go ahead and let him serve papers on this family since they won't leave. He advised me to tell my son, like everyone has to get in touch with his probation officer, I did. I am not sure if he has yet. I told the lawyer how mad I was because this family knows my sons situation and yet they are in no hurry to leave. I asked the lawyer if this family shouldn't be held responsible for exposing their kids willingly to a RSO and have consequences for what they are doing but unfortunately the system doesn't work that way. I believe my son will do the right thing, he doesn't want to go back to prison and I am going to do my part by filing the correct paper work to get them out of my house. Strngwmn66