My boyfriend is currently revoked for supervised release what happened is that i hadnt had an epileptic seizure in several yrs i got it from a drunk driver when i was 17 i had a seizure and woke up to find my boyfriend trying to keep me from hurting myself he had never seen a seizure i freaked out because yrs ago i had a guy who abused me so i didnt wait for an explanation i ran out and called police anyway charges and no contact order were both dismissed then he went in front of fed court they are not pursuing charges due to medical problem as well but they put in a new no contact or so they say we are together he is still in jail expected release of july 10, 2012 but has to go back to halfway house for 2 drinks of beer 2 months before this and in special conditions they told him he cant have contact with me til his supervised release is up as i said i never got any paperwork on this i wrote the court asking it be lifted no reason for it i got a letter back just stating it would be put in his file we are engaged what can i do? otherwise i am not supposed to see him til sep 2013 i think that discriminates on my medical since no charges were done and need help so we can move on thank you
Country relating to Question: United States
State (if USA): Iowa
i told prosecuting attorney in county he called me a liar 3 times but eventually dismissed charges and wrote fed court to remove no contact as it was a medical issue
Hi and thank you for using JustAnswer!I am sorry to learn of your experience. Was your boyfriend represented by an attorney in the past on this matter?
no he had a prior with his ex-wife for domestic and his dad passed away and left him a rifle though it wasnt used to intimidate or be used he spent 3 yrs in prison because of the weapon and now it just seems like because of his past they are doing this and its not fair to me or my family as he treats my children as his own and we only want this no contact order if real removed so we can move forward with our lives together thank you
Thank you.And, to be clear, this is a federal case, correct?
it was simple Misdemeanor though dismissed it only went to federal court due to him being on supervised release at the time so once he went to local jail they put a federal detainer on him and though he had no incidents in the last 18 months he has now been revoked and sentenced to 6 months for violation of supervised release for drinking and 6 months halfway house and then continue supervised release from there with the original end date next year though he has now been incarcerated for nearly 6 months between the two courts and no contact was lifted in local court fed court didnt even give a reason for putting it back in place i personally think they thought they were continuing an existing order thats what i wrote them to tell them when requesting new order be dropped they didnt even give reason for wanting it there in any paperwork or verbally
Thank you. I just want to be clear: it's the federal court that has the no contact order?
yes it is the federal court though i havent been served any type of no contact on my end
Thank you. You would not receive a copy of any order. That's not how those matters operate.The straight-forward answer to your question is that there is nothing that you can do to lift the order. This is because you are not a party to the case. You are not the People. You are not the defendant. In the legal sense, you have no legal standing to file any motion or make any requests to the court.That's why the court just sent you a letter saying that your letter was put in the file. There's no action the court can take on your request.Your boyfriend, preferably with the help of a local criminal defense attorney, will have to file a post-judgment motion with the court seeking a modification of the terms of his release. It's your boyfriend who has to file the motion with the court, serve the U.S. attorney, etc.It has been my pleasure to assist you today with your information needs. It is my goal that you are satisfied. No expert can promise you an answer that is favorable to your circumstances. But I will do my very best to explain the legal principles that are related to the facts you’ve described so that you can better understand the “why” of things. Please let me know if there is anything else I can provide to give you excellent service!"
Handling criminal and probation matters for over 14 years.
Thank you for your feedback. Your original question was "what can i do?"I believe that your question was answered, was answered accurately and (even though you did not disclose you had done other research) confirmed your research.Did you provide negative feedback because you do not like the fact that the legal framework does not provide an avenue for you to appeal a sentencing decision on your boyfriend's case?
i already knew what you told me he has appealed it i just needed to know what i could do since he cant do anything from there
Thank you. So, is it accurate to say that you provided negative feedback because you do not like the fact that the law does not provide an avenue for you to appeal a sentencing decision on your boyfriend's case?
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