Can a criminal protection order be overturned?

[ftaressa]

Jurisdiction

Washington

Hi. A person was convicted of stalking her ex-husband (falsely) and got 6 months jail. At sentencing, the defendant signed a waiver of the rights to appeal because she would have been in jail longer otherwise. At the same time a 10 year criminal protection order was entered to prevent contact between the defendant and her toddler child. There has never been any incident of harm to the child.

The question is, can one person (judge) really determine the lifelong fate of a child and order the child to grow up without the mother? This ruling seems so wrong and inconceivable. Aren't there any overseeing agencies that make sure an extreme sentence like this one could never occur? Isn't this against the constitutional rights of parent and child? Is it possible to appeal a sentence (or part of it) while not appealing the verdict? Anything? Thank you.

 

[adjusterjack]

Nothing unconstitutional about anything. The accused got due process and took a plea bargain. In doing so she had to admit to doing what they said she did and agree to the jail term and the protection order.

At any point in the proceedings she could have said no and insisted on going to trial.

As to whether anything can be done about the 10 year protection order, I suggest she consult an attorney about that.

 

[Highwayman]

Let the "person" deal with their own problems and stay out of it. It's none of your concern.