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Sam
Sam, Attorney at Law
Category: Legal
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Experience:  More than 20 years of experience practicing law.
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Judges ability to modify his order

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Sam, we've interacted before, I hope you are well. In the state of VA I was convicted of a sexual assault in 2010 and one of the conditions of the plea agreement was that I am not able to have any contact with any of my children unless a court of competent jurisdiction grants such contact. Here's my question, the normal mechanism for a court granting said contact would be during a custody/visitation hearing granting such visitation HOWEVER, for the meantime that option is not available because the judge has ruled that he will not grant me legal visitation with my children, however do you believe that he has the authority to modify the "no contact" portion of this criminal plea agreement as a stand alone order outside visitation or custody orders.  In effect, just no longer making it a criminal offense to see my child or write them a letter.  Obviously, 21 days has passed.  Thanks, Andy

Hi

 

And thank you for contacting me to help you with this matter

 

The answer is no. The no contact was via a criminal court and part of a plea agreement So a civil court cannot modify that order.

 

 

Customer: replied 4 years ago.

Sam, what do you mean when you say a civil court cannot modify the criminal order when the criminal order specifically says, "no contact with children unless a court of competent jurisdiction grants such contact." Do you mean to say that that doesn't include a civil court? It would normally be during a custody or visitation hearing that that kind of order would be modified. Correct? Thanks, Andy

Hi

A court of competent jurisdiction needs to be in the criminal court system. And so the problem you are encountering is that civil court hands are tied, even it wanted to grant you visitation becuase you have a criminal restraining order that has to be taken care of first.

Customer: replied 4 years ago.

So your position is that even though 21 days have passed there is no issue with a judge modifying the conditions of his own criminal order and removing the No Contact condition associated the criminal plea agreement. Thanks and I will accept, Andy

Hi

Yes That is correct
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