Legal Insights: What Happens When Parents Go Too Far in Protecting a Child?

It’s a story to which any parent can relate.  Recently in Waukesha, a 15 year-old boy was being questioned by police in a security room after allegations of shoplifting. Naturally, the boy’s parents were upset but what police say happened next is a bit disturbing.

Police reports indicate the boy’s parents angrily burst into the security office.  The father demanded to see the security tape of the alleged incident.  Several times, the police told him and his wife that they had to leave. Then, it got ugly. Allegedly, the boy’s father tried to punch the police officer.

The father, 38 year-old Michael Stier, denies taking a swing at the officer but he was charged with two counts of obstructing an officer, one count of disorderly conduct and one count of misdemeanor bail jumping. His wife, 36 year-old Rebecca Stier, was charged with one count of obstructing an officer.

First off, anybody that gets the idea to take a swing at a law enforcement officer probably needs to re-evaluate their goals in life. Bear in mind, these are just allegations but when I first read the story the first paragraph indicated that the father went into a security room, I hadn’t read far enough to determine whether there was an officer in that room.

I’m not advocating for anybody to do anything or suggesting what is or isn’t legal in this type of situation but I think anytime, whether or not it’s your child that’s being investigated by law enforcement, cooler heads must prevail.  If it turns out that perhaps law enforcement is illegally detaining somebody or has not followed established protocol, those issues can be remedied in court.

It’s never a good idea to try to interfere when an officer is conducting an investigation.  From an officer’s perspective, it brings up very, very concerning safety fears and an officer can’t control the scene at that time.  For a person that may want to help their child, again, there will be remedies in the big picture if that’s appropriate in the courtroom.

From a more self-preservation aspect, the last thing you want to have happen is to exacerbate the problem where your child’s in trouble for allegedly shoplifting and now you’re in trouble for obstructing or resisting an officer. It can only make matters worse.

This is not to say that parents of juveniles or adults may have rights to intervene.  The question centers on the starting and stopping procedure of that intervention. In no set of circumstances do I recommend taking a swing at a police officer.  It’s simply not a wise course of action for anybody.

Some people will see a case like this and argue that parenting, in general, goes downhill when parents rush to their children’s defense before hearing all of the facts in a case. It’s the perspective that some parents are more interested in being their child’s friend than actually doing the tough work of disciplining the child when the situation requires discipline instead of sympathy.

Being a parent myself, I have to ask what I would do if I were faced with a similar situation.  If I thought that anyone other than law enforcement was holding my son against his will, I would certainly take a different course of action than I would if I knew that my son was being held by the police.

Has parenting today changed from what it was many years ago? Of course.  But, as an attorney, I happen to be in the unique business of seeing a lot of really bad things happening to a lot of very good families. I can’t blame parents for being parents and supporting their children but the question becomes where does supporting one’s child versus enabling bad behavior start and stop?

That needs to be decided on a case-by-case basis.  Unfortunately, I think there are plenty of parents that enable bad behavior in their children. They’ll make excuses like, ‘My son or daughter wouldn’t do this type of thing.’  Other parents will see the same set of circumstances and say, ‘My kid was acting like a knucklehead. I support my child but I’m not asking to have this incident swept under the rug without any consequences but I want to make sure it’s done correctly, that the proper steps are taken’ while mitigating the damages as best as a parent can. This is the same role a good defense attorney will take.

On the flip side, advocating for clients’ rights when there has been a legal wrong is part of our job, too. But in this business, you see both sides where a child can do no wrong and the opposite where the parent concedes, ‘My child screwed up. I need help.’

It’s certainly not easy but understanding the correct way to react to these kinds of circumstances is the mark of a wise parent.

About Attorney Mark Powers
Attorney Mark Powers is a partner at the criminal defense law firm of Huppertz & Powers, S.C. in Waukesha. Previously, Powers served as an Assistant District Attorney with the Waukesha County District Attorney's office and is currently serving as a municipal judge in North Prairie. He focuses in the area of criminal defense, and has handled many cases involving operating a motor vehicle while intoxicated, domestic disputes, and drug offenses.

Powers attended Valparaiso University School of Law, where he received his Juris Doctorate. Prior to law school, Mark attended the University of Wisconsin, Lacrosse where he received his bachelor of science in Political Science.

For more information, please call 262.549.5979 or visit www.waukeshacriminalattorneys.com.