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Joseph
Joseph, Family Law Attorney
Category: Family Law
Satisfied Customers: 7279
Experience:  I have over a decade of experience as a Family Law litigator
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My client is a sex offender and as a condition of his probation

Resolved Question:

My client is a sex offender and as a condition of his probation he cannot have contact with children. His family court order states that he is to have visitation with his children. The orders seem to conflict. I've heard that the criminal court order only supersedes the family court order for 90 days but don't know where I can find that in the law.
Submitted: 1 year ago.
Category: Family Law
Expert:  Alex J. Esq. replied 1 year ago.
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

The criminal court order, which is also part of your client's probation terms, would control in this situation and if your client does have contact with any minor children, that would violate the terms of your client's probation and your client would be arrested and jailed until the violation of probation hearing and given the nature of your client's conviction, it is likely that this client's probation would be revoked and this client would go to back to jail.

I wish you the best of luck and please let me know if you have any related follow questions.
Expert:  Alex J. Esq. replied 1 year ago.
Dear XXXXX,

Do you have any related follow up questions?
Customer: replied 1 year ago.
where does it state that in the law?
Expert:  Alex J. Esq. replied 1 year ago.
Dear XXXXX,

Are you an attorney?

What is the professional nature of your relationship with your client?
Customer: replied 1 year ago.
I am his therapist but I work at the probation department. I have to present reports to the judge. The judge thinks he knows everything so if I think he is wrong I have to show him in the law.
Expert:  Alex J. Esq. replied 1 year ago.
Dear XXXXX,

Was the visitation ordered to your client by a family court judge prior to your client being convicted of the sex offense and being put on probation which requires no contact with minor children?
Customer: replied 1 year ago.

no the criminal case was first

Expert:  Alex J. Esq. replied 1 year ago.
Dear XXXXX,

Did your client fully disclose the fact that he was a convicted sex offender and also that the terms of his probation prohibited contact with any minor children to the family court judge who granted the visitation?
Customer: replied 1 year ago.

yes. his daughter was the vicitm

Expert:  Alex J. Esq. replied 1 year ago.
Dear XXXXX,

Let me make sure I understand this situation.

Your client's daughter was a victim in your client's sex offense case and the family court judge allowed visitation with this victim / daughter of your client??

Was the visitation that was granted supervised?
Customer: replied 1 year ago.

Yes I believe so

Expert:  Alex J. Esq. replied 1 year ago.
Dear XXXXX,

I am sorry to say, but the situation that you are describing simply doesn't make sense or may be there is some mixup in the facts.

I will opt-out and will open your question to other JA legal professionals.
Expert:  wendy-Mod replied 1 year ago.

Hi, I am a moderator for this topic. It seems the Professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new Professional to assist you right away, but sometimes finding the right Professional can take a little longer than expected.


I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!

Wendy
Customer: replied 1 year ago.
Yes continue I paid for an answer
Expert:  Fran-mod replied 1 year ago.
Thank you for your patience. We will continue the search for a Professional for you.
Expert:  wendy-Mod replied 1 year ago.

Thank you for your patience, your business is very important to us, we are waiting on the Professional with the right expertise to come online. Feel free to let us know if you would like us to continue searching for a Professional or if you would like us to close your question.

We appreciate your understanding!

Wendy
Expert:  Joseph replied 1 year ago.

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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Customer: replied 1 year ago.

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?

Expert:  Joseph replied 1 year ago.

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.

.
I hope you found my answer helpful. If so, please click on "OK", "Good" or "Excellent" service. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Even if you are a subscription member, you will need to click on one of the positive indicators. Your question will not close, and you will still have the opportunity to follow-up if needed.
.
If you are not yet satisfied with my answer, please do not yet rate my service. Instead, please click on the "Reply to Expert" and let me know what else I can do for you. Please only rate my answer when you are fully satisfied.
.
Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.
.
Leaving a bonus is not required but doing so is certainly appreciated! Thank you and good luck.

Joseph, Family Law Attorney
Category: Family Law
Satisfied Customers: 7279
Experience: I have over a decade of experience as a Family Law litigator
Joseph and 4 other Family Law Specialists are ready to help you

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