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shurmust
shurmust, Criminal Justice Lawyer
Category: Criminal Law
Satisfied Customers: 165
Experience:  I have completed over fifty jury trials in the last three years and teach part-time at a local state college.
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How does one file a petition against the 1000 rule for sex

Customer Question

How does one file a petition against the 1000' rule for sex offenders? This needs to be filed because of financial and mental hardships. State of Indiana, St. Joseph County.
Submitted: 4 years ago.
Category: Criminal Law
Expert:  shurmust replied 4 years ago.

shurmust :

Jeana,

Thank you for your question. I want to clarify what you are asking when you say you want to petition "against the 1000 feet rule for sex offenders." What exactly are you looking to do? Please don't find this offensive, but are you the one who is registered as a sex offender?

Customer :

No. It is my ex-husband who is currently living with me as we try to repair our broken lives. We have been told that he can't live here because there are two day care centers within 1000 feet of our home. We are living here mortgage free. If they make him move, he will have to pay rent+utilities. He is in bad health and can't drive. I work out of my home and it would be much easier on the both of us if he were allowed to stay here.

Customer :

We are looking to petition the Registry division of Indiana Department of Corrections on this matter, but don't know where to get the forms or who to send them to among other questions.

shurmust :

What was the charge your ex-husband pleaded to? Did he go to prison?

Customer :

Child molesting - class A felony - he was sentenced to a 20 do 10, and received a 3-year time cut for a 4-yr. college degree - served 7 years, and was released from prison 2 weeks ago.

shurmust :

Is he on probation or parole now?

Customer :

He is currently on 8 years probation.

shurmust :

Does he have a parole and/or probation officer?

Customer :

yes - his probation officer is the one who told him to file a petition against this 1000 foot rule.

shurmust :

Jeana,

It appears you will have to contact the parole board directly. I would ask them for an application or "form." It may turn out that you will need a hearing. If indeed you get a hearing, you may want to hire an attorney. It is always a smart choice to have an attorney represent anyone at hearings in front of a parole board, especially on such a serious matter. I have attached a link of the Parole Board's website if you have further questions. If they are unable to help you please let me know. Good luck!

http://www.in.gov/idoc/2324.htm

shurmust :

If this is helpful please rate me positively.

Customer :

they will be unable to help him because he is not on parole - he is on PROBATION. We will hire an attorney - we just thought we could fill out a petition ahead of time. We are both in our mid-sixties. While online deciding whether or not to sign up for this service, I hit the wrong key and was unable to mark what service I wanted to sign up for. When I returned to the JustAnswer website, I found that my credit card had already been charged $31 for one question. I would have signed up for the "Pay as each question is asked" option, but that won't be necessary, as I will never visit your website again.