Families of SOs Community Group
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Hello Everyone,
My husband is coming home in 12 days. His counselor has told him that he cannot have access to computers or the internet. I am a teacher and need to have internet access at home to do lesson plans, etc. Can the state of California restrict me from using a computer and internet in my home because of my husband?
My husband is coming home in 12 days. His counselor has told him that he cannot have access to computers or the internet. I am a teacher and need to have internet access at home to do lesson plans, etc. Can the state of California restrict me from using a computer and internet in my home because of my husband?
Now about your use – this is a two-sided coin. Personally I think it is Unconstitutional for them to even suggest limiting your computer use because of someone else’s crime or punishment. That is guilt by association and plain wrong. However, with RSOs and their families the judicial system gets away with a lot of things that no one should stand for but they have a lot of power that they use because not very many people stick up for RSOs. If they have said to you that there cannot be ANY computers in the house with internet access that is over-stepping their bounds when it comes to you. But if they feel strongly about it they will try. Now if they said HE cannot have access to a internet computer that is a different scenario. It is really all in the wording. Either way I am pretty sure that a judge would uphold your Constitutional Rights so I can only tell you the steps I would take in that situation (I never had to actually deal with it since my son was not allowed to live at home after adjudication but I encrypt my computers at home because he does come over – not because I do not trust him but because I do not trust them). First, I would clarify the actual rules – get details – if they say he cannot have access to the internet ask ‘so it is ok for me to have it as long as it has a password he does not know it?’ If they say yes, document it and inform them how many computers you will have and that they are encrypted. Mine has fingerprint reader so it is double encrypted. If they ask for your password say ‘no I do not feel comfortable with that but I will give it to the judge’ – then I would send a letter to the judge explaining why you are sending it and the password. I recommend these things because this system is really good at finding loop holes to violate these guys so covering your bases is a really smart thing to do. If they say no you cannot have the internet either then I would tell them (nicely lol) that you plan to see a judge because it violates your rights. Then write a letter to his judge asking for a hearing to address this matter. I had to do this when the sheriff’s office and the State Attny would not release my personal items to me after my son was adjudicated. The judge heard me and ordered them to give me back my property – they ruined it anyway but it was the principal of the thing. As a side note – it was a fruitful hearing because the judge got the SA office to admit in court that they never did ANY forensics on my son’s computers (or mine) so I see that as ammunition for the future. They were trying to keep me from getting my items by using that information to tell the judge there might still be contraband on the computers but they hurt themselves by admitting that because the judge was incredulous! Anyway, please understand I am not telling you what to do or even that I know these things just my advice from the experiences I have had. I do know this though – this experience has taught me to leave no stone unturned – to get all the details and questions answered that you can – and then ask more questions from other people. And document everything but I am sure as a teacher you already know that one! Ultimately the goal is to protect your rights and at the same time keep your hubby safe from a violation.
Just a side note, counselors can make no internet access a condition of "treatment". It's another sneaky way for the State to skirt some of the legal issues. If the counselor makes it a condition of treatment then you won't necessarily be violated for accessing the internet but you can be bounced out of the treatment program which would lead to a violation.