Q: I have witnessed my roommate violate his restraining order in our residence. Am I liable if I do not report him?
He has been convicted numerous times for domestic violence with his ex wife, sister, and step dad. Convicted of violent assault on them over the past 12 years.
A:
No, you are not liable unless called as a witness and lie or if questioned by certain law enforcement agencies and lie, like the FBI. As along as you are not participating. Restraining orders generally say that the restrained person will not have anyone act on their behalf. So be certain there's no way for him to implicate you or accuse you of participating, for example that you were making calls or driving by, etc. Restraining orders always have language about, harass, annoy, vex, stalk, etc. As long as you cannot be included in whatever acts he is committing, you are fine.
Unless of course you're a law enforcement officer or under some ethical code like an attorney or judge or work in a sensitive or secure environment in a government job or government contractor job,I don't think anyone can come after you. MIght be time to get somebody more stable in your life, though, even if it is just a roommate at arms length, it's not the kind of stress and drama anyone wants on a day to day basis, right? Good luck to you!
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
