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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111605
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I was bailed out of jail so i could see my kids. Which where

Customer Question

I was bailed out of jail so i could see my kids. Which where put in states tempory custody with my mom. Now the arraignment in jail the judge said contact with my childern would be allowed with DHS supervised vist. The next day my post 7500 to get me out. The Sheriff Deputy **Ck UP and put no contact on the release agreement apond release. Since then theres been 2 amend release agreement trials. The first one the same judge leaves the no contact the deputy **ck up on due to the DA lieing. So we had another one and contact was granted do to some law my lawyer rattled off. But i still hav'nt seen my kids for over 40 days. Can they do this legally?
Submitted: 5 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 5 years ago.
Unfortunately, until they get the order lifted by the judge, they can do this legally. You have to go to court and request a hearing to have the judge remove the no contact order. If the judge has found it fit not to remove the no contact order, then you would need to push your case to a trial to get your case handled and get a final disposition before they will release the no contact order.


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Customer: replied 5 years ago.
Relist: Other.
what oregon or fed law did my lawyer state to grant vistition?
Customer: replied 5 years ago.
Oregon mental Health said the childern need to see there parents immeditly.
Expert:  Law Educator, Esq. replied 5 years ago.
Oregon Mental Health does not overrule the judge and this is a matter that has to go to court and get the restraining order lifted. You asked if the court could do so, yes, they can do this and your recourse is that you have to go to court and appeal the order if the court refuses to lift it. But the court must lift it.
Customer: replied 5 years ago.
so can i sue?
Customer: replied 5 years ago.
Relist: Incomplete answer.
Expert:  Law Educator, Esq. replied 5 years ago.
No, it means you have to go back to the court that issued the order and file a motion to vacate the restraining order. Then if that court refuses to vacate the order, you would have to file an appeal to the appeals court and seek them to vacate the order, you do not just sue and the judge is actually immune from being sued so you have to follow this process.

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