Results 1 to 4 of 4
  1. #1
    Join Date
    Aug 2015
    Posts
    1

    Unhappy Parole Officer Won't Allow Contact Despite Judge's Modification of a Protective Order

    My question involves restraining orders in the State of: California

    Hello all. About 2 years ago, I filed for a restraining order against the father of my children on the grounds of domestic violence. Not long after, he went to prison. He was released from prison, and I went to the judge to cancel the restraining order. He issued a modification order, however he didn't mark the "peaceful contact" box. So, when I went to the parole officer to give him the paperwork so I could see my children's father, he said that the paperwork basically says nothing, and won't let us see each other, even though the judge gave us peaceful contact. I can't raise the children on my own, and I want him to be a part of these kids' lives. I know he has changed since he went to prison, and he's a better person because of it. I need him to help with watching the children so I can go back to school and get a job so I can help them live a better life.

    So my first question is: How can I get the judge to cancel the restraining order instead of just modifying it to peaceful contact?

    My second question is: How can I get the parole officer to allow the peaceful contact that the judge has already issued? Is he not following the law?

    My third question: Is this back and forth between the judge and the parole officer considered malpractice? Because this is honestly going to ruin my family's lives if this doesn't get resolved soon. If I don't go get a job my kids and I are going to end up on the street, and I can't get a job when I am the only parent in these kids' lives.

    Please help me!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Parole Officer Won't Allow Contact Despite Judge's Modification of a Protective O

    I have no access to the restraining order that was most recently signed by the judge, and your description of the order is inconsistent -- you first say that the judge "didn't mark the 'peaceful contact' box" and then say "the judge gave us peaceful contact". Presumably we are speaking of an order that uses the DV-130 form. Unless the judge terminated the order, which obviously is not the case, unless the judge checked the box providing "Exceptions: Brief and peaceful contact with the person in (1), and peaceful contact with children in (3), as required for court-ordered visitation of children, is allowed unless a criminal protective order says otherwise" then the only peaceful contact that is expressly allowed is "Peaceful written contact through a lawyer or process server or another person for service of legal papers related to a court case".

    Perhaps the issue is that the former order checked the box, "The person in (2) must not... Contact, either directly or indirectly, by any means, including, but not limited to, by telephone, mail, e-mail, or other electronic means", and the new order does not? If so, then the parole officer's interpretation is reasonable -- while the order allows for some level of peaceful contact, that change would not lift the order, let alone provide for cohabitation.

    While the parole officer will impose terms consistent with the protective order, the parole officer is also going to follow the terms of the criminal sentence -- and if the criminal sentence limits contact even if the civil protective order is lifted, then the defendant is going to have to successfully modify that sentence in addition to modifying the protective order.

    Did you actually ask for the protective order to be lifted, with the judge instead choosing to maintain the order subject to the modification you have not yet clearly described for us? Did you ask for the order to be maintained, but with some modification that would allow for the provision of child care and some level of communication? Did the judge explain why he did not check the "peaceful contact" box, or anything else about his intentions, when he issued the amended order?

    No, malpractice has absolutely nothing to do with this situation.

  3. #3
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Parole Officer Won't Allow Contact Despite Judge's Modification of a Protective O

    Quote Quoting bassforda
    View Post

    So my first question is: How can I get the judge to cancel the restraining order instead of just modifying it to peaceful contact?

    My second question is: How can I get the parole officer to allow the peaceful contact that the judge has already issued? Is he not following the law?
    If the terms of his release conflict with the terms of the restraining order the terms of his release trump any modification of the restraining order

    The PO's not doing anything wrong.

  4. #4

    Default Re: Parole Officer Won't Allow Contact Despite Judge's Modification of a Protective O

    Quote Quoting bassforda
    View Post
    I need him to help with watching the children so I can go back to school and get a job so I can help them live a better life.
    I'd start making other plans if I were you.

    If I don't go get a job my kids and I are going to end up on the street, and I can't get a job when I am the only parent in these kids' lives.
    It wont be easy, but counting on him to be your daycare provider isn't realistic. What have you been doing while he's been in prison? Where have you and the kids been living? Who's been paying for rent, groceries, etc.? You do realize that almost all school have online options now, right...and that you can go part time, right...and that you can knock out huge chunks of basic curriculum with credit by exam, right?

    And of course the obvious; HE will have to get a job to support himself too.

    1. Sponsored Links
       

Similar Threads

  1. Violation & Enforcement: Emergency Protective Order with No Contact
    By GLB85 in forum Orders of Protection
    Replies: 4
    Last Post: 08-01-2014, 07:55 PM
  2. Violation & Enforcement: Can My Ex- Still Contact Me After Getting a Protective Order
    By Rickolai77 in forum Orders of Protection
    Replies: 12
    Last Post: 08-10-2013, 01:38 AM
  3. Establishment: How Likely is a Judge to Grant a Permanent Protective Order
    By carthebear in forum Orders of Protection
    Replies: 2
    Last Post: 05-14-2012, 02:44 PM
  4. Probation and Parole: Will a Parole Officer Contact Employer About Approved Business Travel
    By lauramarie in forum Probation, Parole and Incarceration
    Replies: 1
    Last Post: 12-07-2011, 01:15 AM
  5. I'm Having Contact with the Girl Who Has a Protective Order Against Me
    By davidcusano123 in forum Orders of Protection
    Replies: 5
    Last Post: 04-20-2010, 09:49 PM
 
 
Sponsored Links

Legal Help, Information and Resources