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  1. #1
    Join Date
    Apr 2011
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    1

    Default How to Modify Unreasonable Criminal No Contact Order

    My question involves criminal law for the state of: Washington

    Here's the situation:

    Husband was convicted of sex crimes against teenage step daughter and got 10yrs because of numerous perjury charges, etc... (the story is too complicated to post, it can be said he dug a very deep hole for himself). He is currently on probation and his time will be up next year. Husband and wife divorced right after he went to prison.

    Extended Family situation:

    Ex-Husband has 4 children from 1st marriage, all adults now living on their own. Wife has 3 children from 1st marriage, also all adults now including the victim above which are living on their own in other states and locations. Then there is the youngest child, a daughter, which the two have in common, now 16 (she was 7 at the time and was determined not to have been involve) living with the wife of course.

    The Problem,

    As a condition of the sentencing, a permanent criminal no contact is in place until 2055, expires the ex-husband's 100th birthday. This prevents the common child of the couple from seeing her other half siblings, her father (the sex offender mentioned), her paternal grandparents, etc. because apparently (according to his Parole officer, and the order wording) it would violate the no contact order since she is considered the "victim's family", and he would be charged with another felony.

    As a consequence, this denies the common daughter from ever meeting her father in this life time, even after she is an adult. It also prevents any contact between the ex's for their lifetime, which prevents any closure to this situation.

    There is no fear of retaliation from him by any of the person's involved, the court put the order in place on it own. He is a one time offender, was determined to be low risk of re-offending, and been through sex-offender treatment, and rehabilitation, etc.

    How is it fair that he can see "his" side of the family, but not the common daughter? The court did not consider the collateral damage when they put these measures in place.

    The question:

    What can be done to remedy this situation (after the child turns 18)? She has a lot of anger and issues over not being able to see her father, ever, and her other siblings. Is there is any legal recourse that can be taken?

    Thank you.

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: How to Modify Unreasonable Criminal No Contact Order

    Washington State or Washington D.C.?

    I can understand that the order would prevent contact with the offender. I'm not seeing how the order would extend to contact with the offender's entire family. Please share the exact language of the court's order pertaining to contact with relatives.

    As for the offender's not being allowed to see his daughter, after having sexually molested at least one other minor daughter, such is life. He is free to try to convince the sentencing court to modify the terms of his parole, but I'm not expecting that the court would be particularly inclined to do so as long as the child remains underage.

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