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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16026
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I want to reconcile with my exwife. However there is a two

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I want to reconcile with my exwife. However there is a two year no contact order in place fir her probation on me. There were per existing court civil court orders that stated that she had to go through me or a designate of me to see our son before she was sentenced. She is a totally different person now and has been seeking therapy and such. I love this woman more than I ever have. What do I do? It's like nobody at the das office or the probation office wants to help.
Submitted: 9 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 9 months ago.
Hello again,

Probation, unfortunately can require that a husband and wife live apart. They do it all the time, particularly if at one point the relationship between them was complainant/defendant. Probation gets concerned that the unhealthy dynamics which contributed to the case in the first place can be triggered again and cause her to violate the terms of her probation.

The only thing you can do is to get yourself a lawyer and go before the judge who issued the protective orders in the first place and try to get the order lifted. That won't satisfy probation, who can order that you keep apart regardless of whether there's an order or not.

To challenge probation, you'd have to come before the sentencing judge and essentiallhy ask him to overrule probation to let you live together again. You can fully expect the DA and probation to oppose it, and the odds in favor of you getting what you want right now under those circumstances are slim. But that's how it can theoretically be done. You'd need some compelling argument in your favor, and I don't think the pregnancy will do that. In fact, if she got pregnant when the order was in effect then she could be in trouble, if you stir this pot.
Customer: replied 9 months ago.
Her probation officer would not be against it. What kind of compelling argument would I need to get this going in the right direction. There is no amount of money I won't spend and actions I won't talk to resolve this
Expert:  Zoey_ JD replied 9 months ago.
Hi Daniel,

I have already told you how you'd have to go about it. If probation will back you, you don't need any sort of an elaborate argument. The judge gives probations feelings with something like this a great deal of consideration, because they work closest to her. With probation behind you, you'd stand a very good chance of getting what you want.
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16026
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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