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thomasann · Apr 15, 2014, 02:32 PM

My grand daughter, now 19years old was supposedly sexually molested by my son, her father. The plea deal says no contact with victim. We however understood this to mean until she was 18. This was in a Va. Court. Now she lives in Co. with me and wants to have a relationship with her father and Co. is still saying no contact. Can I petition Co. courts since we all live here now or do we have to go through Va. Does she petition the court now that she is 19? And if so, Va court where it was issued as part of the plea deal or Co. court where we are living?

AK lawyer · Apr 15, 2014, 03:48 PM

Virginia.

thomasann · Apr 15, 2014, 04:45 PM

Thank you. Can you tell me what we need to do? I cannot find a form.:)

AK lawyer · Apr 15, 2014, 05:06 PM

Sorry, my computer was giving me trouble. I would edit my post and this site would loose it. Anyway, to answer your question, he should write the Virginia court where sentencing was imposed and ask that the condition be modified.

The father would need to apply. Your granddaughter is not probibited from making contact, he is. If she were to try to make contact, though, he could get in trouble.

thomasann · Apr 16, 2014, 10:28 AM

Thank you

AK lawyer · Apr 16, 2014, 10:58 AM

You are welcome.

This part of your first post puzzles me, now that I look at it again: "... and Co. is still saying no contact. ...". Which court or agency in Colorado has said "no contact"? I'm guessing it's a Colorado parole officer. If that's the case, the PO acts as an agent, in effect, of the Virginia court.

thomasann · Apr 16, 2014, 12:06 PM

Your guess is right. Colorado parole officer says no contact but so does the original plea deal from 1997 which was in Va.. My granddaughter thought it ended when she turned 18. The parole officer is telling him no contact as she is still considered to be victim. I think it's stupid. The courts see him as a felon. Not as a human being that is trying to get his life straight.

So can my sister who has his POA write a letter to Va court or is there a form she can do on his behalf or do we petition Co? Parole office is not going to budge on this. It's no wonder so many people end up back in jail. The system sets them up to fail

AK lawyer · Apr 16, 2014, 01:51 PM

As I indicated earlier, it appears to me that the letter should go to the Virginia court. I don't believe your sister should write it; it should come from the man himself. In fact, (in most courts, anyway) a POA does not entitle one to practice law (which writing a letter to the court would be). A power of attorney allows someone (as "attorney in fact", as opposed to attorney at law) to sign papers and so forth for someone else, not to appear in court.

No, (while you can search the court clerk's web site) I would guess that there is not a form for this.

thomasann · Apr 16, 2014, 02:15 PM

Thank you so much and many blessings!

talaniman · Apr 16, 2014, 02:26 PM

How to Vacate a Restraining Order | eHow

In addition,

Some courts have fill in the blank forms available online or at the court office for petitioners or victims to request that a restraining order be vacated. Check with your local court system (Va.)

Forget the parole officer, go directly to the county clerk and file your motion to vacate, not write a letter, and either your son and his daughter ,ay have to appear in court, or an Attorney. Legal guidance is best. Records from the parole office, and his daughters testimony are essential. That's why, for something so important, finding a way to engage in a lawyer is the way to go. I know lawyers aren't cheap, but its better to get a good outcome than save money.

AK lawyer · Apr 16, 2014, 02:53 PM

Originally Posted by talaniman

... and file your motion to vacate, not write a letter, ...

The court would treat a letter as though it were a motion. Basically they mean the same thing. But yes, the link you provided contains a few hints which may be helpful.