Moreno Valley, CA asked in Domestic Violence for California

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.

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1 Lawyer Answer
Donald Arthur Hilland
Donald Arthur Hilland
Answered
  • Domestic Violence Lawyer
  • San Fernando, CA
  • Licensed in California

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!

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