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Can they do this legally?

mallycat
mallycat
The judge sais my dad can only have supervised visits with my kids. But the p.o. and counselor said he can't have any contact. So the lawyer is trying to get the judge to override them. Now the p.o. is trying to stop the judge. How does a p.o. have more power than a judge? They swear my dad has a porn. problem. they think he will harm someone because he looks at pictures. which he doesn't.
ThoughtAsWeak
ThoughtAsWeak
A PO can't override a judge. The attorney can help fight the restrictions...
rewdiazepam
rewdiazepam
The judge always has the final decision. The PO actually works for the court system to see that the court's orders or sentence is carried out.

Have you father petition the court or get an order that he can see your children and the PO has nothing to say about it.

Many POs try to bully their way, act as a judge, and impose certain restrictions; but the judge has the final word.

rewdiazepam
mallycat
mallycat
He is in a s.o. rehab program and he said I'd the judge signs off on it they will kick him out of the program and that will be a probation violation.
Peekachu
Peekachu
What a creep!
spock152
spock152
Have your dads ;lawyer bring that to the courts attention .
Independent2014
Independent2014
The judge has the final word in these situations. In my case the judge made a lot of special stipulations for me but said the PO had discretion t further the interests of my probation to basically ignore them. I think you may be better off starting a dialogue with the his lawyer and the boss of his PO. Just say look, this can get really messy legally or we can work it out. You think the judge is going to be happy you guys are trying to do an end around the order? How can we work this out? If they can't work it out you go to court. I'm hoping cooler heads will prevail, PO's are like police, they always want control. Hopefully the supervisor is smart enough to realize your case is different.
registered
registered
this happened to me, the PO and judge kept trying to override each other's authority. PO's will claim that judges don't have jurisdiction over established laws, and that's why they can "deny" a judge's orders, if it appears to conflict with an existing law (according to the PO's interpretation). In the end though, the judge will probably prevail.
Nakohichi
Nakohichi
The PO, with his supervisors' permission, has to petition the court to change something.
mom2404
mom2404
This happened to us too. The judge said my husband was no threat to our boys but PO said no contact. We couldn't afford to get the lawyer involved again, but finally he got a new PO and this one worked with his therapist and they were able to come to an agreement with safety plans etc and the boys could finally see him again. That was HELL.