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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23166
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I'm Madelyn Whitehead. There was a no contact order

Customer Question

Hello, I'm Madelyn Whitehead. There was a no contact order misplaced and I'm trying to get it removed but the probation officer has it out for me. Is there any way you can help?
JA: My brothers got into lots of trouble with the law when they were young. The Criminal Lawyer will know how to get you the best outcome. Have you consulted a lawyer yet?
Customer: Yes. Many. Each one says they dont have time for a small pointless case like mine.
JA: What advice did they give you?
Customer: To find a lawyer to help, because my case is winnable
JA: Is there anything else important you think the Criminal Lawyer should know?
Customer: Well the person who the no contact order is against has a domestic violence past, and he got in trouble because of an accident that happened in the car with me. There's no need to be worried though because he's gone to groups and hasnt laid a hand on me. Everyone is worried for my safty but i feel completely safe with him.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Criminal Lawyer about your situation and then connect you two.
Submitted: 5 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 5 months ago.
Hello, Are you saying that you were the complainant on a case and now his probation officer will not let him see you? If not, please clarify your situation.
Customer: replied 5 months ago.
Yes. She took everything way out of hand. We are both adults and she placed a no contact on us.
Expert:  Zoey_ JD replied 5 months ago.
I understand that but unfortunately, there's a limit to what can be done about this. A probationer must agree to abide by all of the restrictions that his probation officer sets for him. Probation is in lieu of jail time, so if he fails to comply with what probation orders he can end up serving a jail sentence instead of probation. It's the job of his PO to keep a probationer from situations that may cause him to reoffend. That means ordering him, among other things, to keep away from complainants on old cases. Probation can order husbands and wives to live apart. They can prevent an engaged couple from getting married until after probation is over. They can prevent a couple from living together. They can prevent a parent from having access to his or her children. They can do all of that if they have reason to believe that to allow contact is to risk a new offense. Over the course of a long career as a criminal defense lawyer, I have seen this many times. What probation can NOT do, however, is require something that is unreasonable. A probationer is without almost all rights, because he or she has given them up in order to take a plea and stay out of jail. But he does have the right to a hearing. There's nothing much you can do if probation won't listen to you. However, HE can get his lawyer to bring the case back before the judge and argue that the two of you be allowed to see each other. A judge has the power to be able to overrule probation. Judges don't like doing that because they believe that probation knows what's good for a probationer better than a judge does. However, they will overrule probation in order to prevent an injustice.
Expert:  Zoey_ JD replied 5 months ago.
Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

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