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no the criminal case was first
yes. his daughter was the vicitm
Yes I believe so
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I have a current case very similar to this where the family court is consistently permitting more contact than the criminal court and I have to go to criminal court to address the matter. Let me see if I can provide some assistance for your situation...
As I understand it, your client is on probation for a sex offense. Further, as a condition of that probation, he is prohibited from having contact with his minor children. However, there is also a family law case and that case does permit contact.
The important thing here is that he is on probation. Period. if he violates that probation, he will likely be arrested, prosecuted and, potentially, put in jail. In the current situation, if he has contact with the child, this will constitute a violation of his probation.
There is a potential cure to the problem though. Your client might consider filing a motion with the court to modify his conditions of probation. As part of his argument, he could indicate that the family court is wanting contact and is ready to facilitate contact. With that in mind, the criminal court may well be willing to modify his conditions of probation to allow contact.
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I understand that, "The important thing here is that he is on probation. Period. if he violates that probation, he will likely be arrested, prosecuted and, potentially, put in jail."
What I need to know is what does the law say. Which order has the authority over the other?
I think you misunderstand, neither has "authority" over the other. What you have here is a family court order that permits visitation. Separately, you have a criminal court order that prohibits visitation. The family court order does not require visitation, it merely permits it.
The issue is that there is a conflict between the two orders. To resolve this, and as I detailed above, he should consider filing a motion in the criminal court to modify his conditions. To accomplish that goal, he could even inform the criminal court of the family court order permitting contact. If he does so, he may very well accomplish his goal and have the order modified, thereby bringing the two orders in line with one another.
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