State v. Robertson, 2015 MT 266 (Sept. 8, 2015) (McGrath, C.J.) (5-0, aff’d)
Issue: Whether the probationary condition prohibiting Robertson from having contact with his son and daughter violates his statutory and constitutional rights.
Short Answer: No.
Facts: Dustin Robertson was charged with kidnapping the mother of his young children, Chalsea Cady, by restraining her at their apartment in July 2011; misdemeanor endangering the welfare of children; and two counts of felony partner/family member assault. He pled guilty to one offense of criminal endangerment of Cady for physically assaulting her, and the state dropped the remaining charges.
The presentence investigation reported a history of physical and mental abuse of Cady by Robertson, and proposed a probationary condition prohibiting Robertson from having any contact with Cady unless she initiated it through the DOC.…