Is this a violation of a Protective Order?

[3junebugs]

What is the name of your state (only U.S. law)? PA

My son, now 12, has a protective order through the District Attorney's Office issued by the Philadelphia Court of Common Pleas - Family Court Division - Juvenile Section against a cousin who sexually abused him. His Protective Order states:

I hereby certify that on this 26th day of September 2006, it is hereby ordered and decreed that a Protective Order is entered under 18 P.S. § 4954 on behalf of (my son). It is hereby ordered that the defendant, (Cousin R.) , and all members of his immediate family refrain from any contact, directly, or indirectly, with the above mentioned persons (i.e. no telephone contact, no verbal contact, no third party contact, no eye contact, no written contact, no physical contact, no gesture contact, no sign language contact and no stalking contact) and to refrain from any and all intimidation personally or by family and/or friends.

There is no end date listed.

This order is as a result of Cousin R being found an Adjudicated Juvenile Delinquent for sexually abusing my son.

I have obtained a video via YouTube of my son at his father’s baby shower taken August 15 of this year. My son is clearly viewable in the video, as well as my son’s father, the father's sister (the mother of the defendant mentioned above), the grandmother of my son and the defendant (father's mother), another sister and her son, will call him Cousin M.

I also have an order through the Domestic Relations Division of Philadelphia Family Court barring any contact from cousin M. That order is dated 9/21/07 and states:

...(my son) is not to be in the presence of his cousin, M, under any circumstances even in the presence of a third party until further order of the court. ...

There is no subsequent order allowing contact or vacating this order. This order resulted from Cousin M having sexually inappropriate contact with my son. I have a contempt and modification hearing pending with the father in Family Court on a separate custody and contempt issue.

How should I proceed? Is this reportable? How and where do I report it? Who will be charged with violating the protection order? Is it a criminal offense to violate the second order that was issued through Domestic Relation?

This isn't the first time this has happened. This is just the first time I have solid proof. Father has even admitted in open court that he has allowed the child to be around these people, but never has had any consequences other than being told "You can't do that". What worries me the most is that his father’s has my son lie or withhold the fact that his father is exposing him to them. This further concerns me that he may have been abused again and not wanting to tell me for fear of how his father will react. His father to this day denies that this ever happened and the rest of the family accuses my son of lying and making up the whole story. My son is also often excluded from family events because these cousins will be attending. So in order for my son to go, he can’t tell me that he is going or has gone

Thanks in advance for the help.

 

[st-kitts]

What is the name of your state (only U.S. law)? PA

My son, now 12, has a protective order through the District Attorney's Office issued by the Philadelphia Court of Common Pleas - Family Court Division - Juvenile Section against a cousin who sexually abused him. His Protective Order states:



There is no end date listed.

This order is as a result of Cousin R being found an Adjudicated Juvenile Delinquent for sexually abusing my son.

I have obtained a video via YouTube of my son at his father’s baby shower taken August 15 of this year. My son is clearly viewable in the video, as well as my son’s father, the father's sister (the mother of the defendant mentioned above), the grandmother of my son and the defendant (father's mother), another sister and her son, will call him Cousin M.

I also have an order through the Domestic Relations Division of Philadelphia Family Court barring any contact from cousin M. That order is dated 9/21/07 and states:



There is no subsequent order allowing contact or vacating this order. This order resulted from Cousin M having sexually inappropriate contact with my son. I have a contempt and modification hearing pending with the father in Family Court on a separate custody and contempt issue.

How should I proceed? Is this reportable? How and where do I report it? Who will be charged with violating the protection order? Is it a criminal offense to violate the second order that was issued through Domestic Relation?

This isn't the first time this has happened. This is just the first time I have solid proof. Father has even admitted in open court that he has allowed the child to be around these people, but never has had any consequences other than being told "You can't do that". What worries me the most is that his father’s has my son lie or withhold the fact that his father is exposing him to them. This further concerns me that he may have been abused again and not wanting to tell me for fear of how his father will react. His father to this day denies that this ever happened and the rest of the family accuses my son of lying and making up the whole story. My son is also often excluded from family events because these cousins will be attending. So in order for my son to go, he can’t tell me that he is going or has gone

Thanks in advance for the help.

If Cousin R is in the presence of your son then Cousin R (the defendent) is in violation of the first retsraining order. If Cousin M is in the presence of your son then Cousin M is in violation of the order where he is listed as the defendent. If the other parties mentioned were not actually defendants in the case, I would not forsee that they would be violating the order despite the fact they are mentioned in Cousin R's order. The wording of the order is rather strange. It is the choice of the family that they choose to exclude your son rather than exclude cousin R or cousin M.

Is your son in counseling to deal with all of this?

 

[3junebugs]

If Cousin R is in the presence of your son then Cousin R (the defendent) is in violation of the first retsraining order. If Cousin M is in the presence of your son then Cousin M is in violation of the order where he is listed as the defendent. If the other parties mentioned were not actually defendants in the case, I would not forsee that they would be violating the order despite the fact they are mentioned in Cousin R's order. The wording of the order is rather strange. It is the choice of the family that they choose to exclude your son rather than exclude cousin R or cousin M.

Is your son in counseling to deal with all of this?

Thank you for your response. I have since found out that the Protective Order expired when Cousin R completed his probation in 2008 I was never notified, however, I also have an order through family court baring any contact with Cousin R and his brother Cousin T. I am filing an expedited contempt petition and will have to handle it through family court.

Yes, my son had been seeing a therapist for 6 years now and a psychiatrist for 3. Unfortunately because his father isn't involved at all with his mental health care, my son is at an impasse. Slowly he is improving, but his father is making it very difficult. Once my son gets built up, his father knocks him down a few pegs.