RO and Stay Away Orders

[hagatha]

Soc,

state ia PA

Father is presently in state custody for criminal DV against mother. Father sentenced to 18 mths State custody and an additional 10 yrs reporting State probation with the condition set forth in Judges Stay Away Order.

Order states:

And now, wit, this 8th day of Novemner 2004 it is ordered and decreed that a protective order is entered under 18 P.S. Section 4954 on behalf of (XXXX XXXX), family and friends. (the family part is the question here)

It is hereby ordered that the defendant (his name) is prohibited from contacting ot intimidating the above mentioned person(s) either personally or by family, friends, acquaintances or agents and the defendant have no communication what so ever, directly or indirectly with the person(s) named above except through an attorney for a period of 10 years.

This is signed by the criminal court Judge. I am told commiting a defendant to state custody and adding 10 yrs reporting state probation is unheard of in this area on a DV case.

There is also a Order of Protection issued by a family court judge.

The father prior to being sentenced in criminal court, violated the protection order issued by family court. (He wrote 76 letters from the time he was placed in custody till the day after sentencing) The criminal court Judge took this into consideration when sentencing the father.

There is a 11 mth old child that is not listed specifically on the family court protection order, mainly because mother was still pregnant when order was issued. The baby is also not specifically listed on the criminal court stay away order.

The father recently filed for visitation of baby in family court. That is it's own problem and I'll be asking questions on what documents I will need to present at that hearing.

My question here regards the most recent event.

Father sent the child a letter today. It was not threatening in any way. It was not signed and there was no return address. However it is stamped by the prisions mail room department and the hand writing is the same., As is the mis-spelling of the word baby. We are sure the letter was sent by the father. SInce the baby is too young to really receive mail, the mother received the correspondance.

Questions:

1. Do you think a case could be made that either order was violated by his attempting to correspond with the baby? We are more concerned with Criminal court as that Judge would be more likely to find contempt and order continued state time.

2. How does/ would this effect his visitation petition?

Thanks so much

The Witch


Remember . . . KARMA is a Wonderful Thing!!!!!

[socrateaser]

>Questions:
>
>1. Do you think a case could be made that either order was
>violated by his attempting to correspond with the baby? We are
>more concerned with Criminal court as that Judge would be more
>likely to find contempt and order continued state time.

He sent a letter knowing that the only person who could read it would be the child's parent, so he willfully violated both the criminal and civil restraining/protection orders.

>2. How does/ would this effect his visitation petition?

Probably blows him out of the water.

[hagatha]

Soc,

I called the DA's office after receiving the letter from bio-father. Since the letter was unsigned and not threatening in any way, they are not sure what they will do as far as holding him in contempt.

Today I got calls from some orginazation called "angel network". Apparently this is a center for indigent parents to contact for their children to receive presents for christmas. They in turn submit the names to local churches, schools, etc. Then the names are assigned to whoever wishes to purchase the gifts. I have not gotten the complete details for this orgnization, however the woman that called my home did not know there was an RO or a stay away order. And I don't think knew bio-father was in state custody.

From the information I do have, bio-father contacted this place and gave them the baby's (incorrect) name, my address and phone number. Along with a list of "gifts" but did not give them sizes.

Since this organization contacted my home, On His Behalf, it is my belief this also violated both orders.

Questions,

1. When I contact the DA's office monday, how do I convince them he should be charged with contempt against the stay away order?

2. Should I also file contempt charges with family court? I will be filing the paperwork to extemd the RO this week.

Remember the longer he stays locked up, the safer we all are.

The Witch



Remember . . . KARMA is a Wonderful Thing!!!!!

[socrateaser]

>Questions,
>
>1. When I contact the DA's office monday, how do I convince
>them he should be charged with contempt against the stay away
>order?

I don't know. The order says "directly or indirectly," but the question is, can you prove the indirect contact beyond all reasaonble doubt? If you can, then you need to show that proof to the DA.

>2. Should I also file contempt charges with family court? I
>will be filing the paperwork to extemd the RO this week.

If you have the proof, but be careful, because if you get a hearing in family court and you fail to make your case, then the same facts can no longer be used in criminal court, because that would constitute double jeopardy (being tried twice for the same act).

>
>Remember the longer he stays locked up, the safer we all are.

You don't have to validate your actions to me. You just have to satisfy the burden of proof. If you are comfortable with your actions, then it's not for me to tell you you're right or wrong.

[hagatha]

Soc,

I called the DA's office after receiving the letter from bio-father. Since the letter was unsigned and not threatening in any way, they are not sure what they will do as far as holding him in contempt.

Today I got calls from some orginazation called "angel network". Apparently this is a center for indigent parents to contact for their children to receive presents for christmas. They in turn submit the names to local churches, schools, etc. Then the names are assigned to whoever wishes to purchase the gifts. I have not gotten the complete details for this orgnization, however the woman that called my home did not know there was an RO or a stay away order. And I don't think knew bio-father was in state custody.

From the information I do have, bio-father contacted this place and gave them the baby's (incorrect) name, my address and phone number. Along with a list of "gifts" but did not give them sizes.

Since this organization contacted my home, On His Behalf, it is my belief this also violated both orders.

Questions,

1. When I contact the DA's office monday, how do I convince them he should be charged with contempt against the stay away order?

2. Should I also file contempt charges with family court? I will be filing the paperwork to extemd the RO this week.

Remember the longer he stays locked up, the safer we all are.

The Witch



Remember . . . KARMA is a Wonderful Thing!!!!!

[socrateaser]

>Questions,
>
>1. When I contact the DA's office monday, how do I convince
>them he should be charged with contempt against the stay away
>order?

I don't know. The order says "directly or indirectly," but the question is, can you prove the indirect contact beyond all reasaonble doubt? If you can, then you need to show that proof to the DA.

>2. Should I also file contempt charges with family court? I
>will be filing the paperwork to extemd the RO this week.

If you have the proof, but be careful, because if you get a hearing in family court and you fail to make your case, then the same facts can no longer be used in criminal court, because that would constitute double jeopardy (being tried twice for the same act).

>
>Remember the longer he stays locked up, the safer we all are.

You don't have to validate your actions to me. You just have to satisfy the burden of proof. If you are comfortable with your actions, then it's not for me to tell you you're right or wrong.