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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23526
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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JA: Thanks. Can you give me any more details about your issue?
Customer: My husband was paroled in Kansas for a case not involving me , before he was released he was released to a detaineeNebraska Oops hold on He was released to a detainee in Nebraska one of the charges was a domestic violence case involving me and it was dismissed now his parole officer in Kansas says he can't live with me because of that How can they use a case against him that was dismissed
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Submitted: 8 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 8 months ago.
Hello, I'm sorry to say that Parole can do this, and in fact they do it all the time. The US Supreme Court has said that there is no fundamental right to be paroled. So Parole can set the conditions of your husband's release, and the parolee must abide by them. They make an assessment of a parolee by looking at many different factors, and they determine the potential parolee's risk to the community and the likelihood that he will reoffend. Even though your husband was not convicted of domestic violence, he were arrested for it and charged. So they see him living with you as a potential trigger that would cause him to get in trouble with the law agaiin. Parole also knows that many times a complaining witness on a domestic offense drops charges out of fear of her partner or for some other reason. In short, the case having been dismissed doesn't mean the violence wasn't committed. Parole can't be arbitrary about something like this and impose a condition just because they have the power to. If your husband wishes to challenge it, he can take that up with the Parole Board or get his lawyer to bring the matter back before the judge to try to overrule Parole. Judges do not generally interfere with Parole rulings, but they can and do to prevent an injustice. Meanwhile, however, he'll be expected to reside somewhere Parole approves of, which, for now at least, is not with you.