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Category: Criminal Law
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If a person has a no contact with childern order as a condition

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If a person has a no contact with childern order as a condition of bail, only supervised contact with own daughter, can he attend his childs open house at school for her pre k
Submitted: 3 years ago.
Category: Criminal Law
Expert:  xavierjd replied 3 years ago.

Thanks for using JustAnswer.com It will be my pleasure to assist you.

Who supervises the contact with your daughter?

 

What is the alleged crime that has resulted in the bail conditions?

 

Thanks

Customer: replied 3 years ago.
The wife or another trusted adult can supervise the father with the child. The father is not to be alone with the child. The father has been accused of traveling for sexual activity for a minor, certain uses of computer devices prohibited, and attempted lewd or lascivious battery. An order that stated "no contact with children" was issued and has been modifed as to his own child as above.
Expert:  xavierjd replied 3 years ago.

Thanks for the information.

 

The bond condition says NO contact with children! (except supervised with his own child).

 

If he wants to attend the open house of his daughter's pre-K class/school, he MUST obtain a modification of his bond to do so. If he does not do so, it MAY be considered a violation of his bond conditions.

Because he has been charged with the sexual crimes involving a minor, it really doesn't make sense that he wants to attend the pre-K open house. His attorney may advise against it. However if he wants his attorney to request a modification, he is certainly entitled to do so.

It is totally within the discretion of the judge as to whether s/he would allow him to attend the open house. Since a bond is set not only to assure his appearance in court, it is also set to ensure the safety of the community. It is likely that if the other parents knew of the charges, they would NOT want him at the open house. It certainly can be argued that the safety of the children may be at risk by allowing him to attend. While he is presumed innocent until proven guilty beyond a reasonable doubt, there have been charges authorized.

If he asks for a modification of the bond, the other parent of the child can certainly ask the prosecutor to strongly OBJECT to the judge allowing him to attend the open house. Unless there is a special reason that has not been posted, it may be argued that it is NOT considered a necessary function of the father to attend the open house. The prosecutor can argue that the judge should certainly err on the side of safety and NOT allow him to attend the open house. The Order says NO CONTACT with children. That means NO CONTACT. He should not be allowed, it can be argued, at a school where small children will be there. If children are NOT allowed to attend the open house, he may have a chance for a modification. BUT.....SAFETY of the children and the community comes first. If he is charged with sexual misconduct with minors and other related charges, the prosecutor may have a good chance of stopping him from getting a modification.

If he does attend the open house without receiving the permission of the court, the mother can ask the prosecutor to request a bond revocation hearing. At that hearing, if it is determined that he violated his bond conditions by attending the open house without permission, the bond may be revoked. In that case, a new bond will be set. It will most likely be A LOT higher, such that he will be held in jail until his trial.

In any case, the prosecutor should be notified of his intent to attend the open house. He may not want to get permission to attend because of the possibility of the judge denying his request. In such a case, the prosecutor can bring up the issue with the judge and have the judge clarify the terms of the order.

 

I hope you find this information useful and that you PRESS THE GREEN ACCEPT BUTTON so that I can get credit for answering the question. Thank you.

xavierjd, Lawyer
Category: Criminal Law
Satisfied Customers: 3400
Experience: Over 20 yrs experience in prosecution and defense work
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