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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 19012
Experience:  B.A.; M.B.A.; J.D.
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I really need some help here! I'm going to make this as

Customer Question

Hello! My name is ***** ***** I really need some help here! I'm going to make this as concise as possible. Please bare with me. My fiancé' is currently incarcerated, (30+ days served, 30 to go). We've been together 3 yrs, with a couple of breaks in there due to her mental condition and OLD tendency to "flight", which no longer occurs . I've been very observant, taken many videos, notes, and have read extensively in an effort to determine her illness. In short she has very little insight when it comes to everyday responsibilities. She really can't do it alone. She will never have to work, (nor be able to), and receives SSI monthly, which falls short of enough to cover housing, food, etc. She will have to take a couple of meds everyday forever and will be able to live a pretty good life as long as she has someone to live it with who accepts the neccesary obligations relating to her wellbeing.She has been living with me,(paying rent) as a couple. She no longer drinks, which was the direct aggravator to violent mood swings. Almost two years ago I was basically cohersed into filing a restraining order by my siblings. This forced her out. And once again put her harms way, (lots of drinking to point of black out) The role I've played is that of one to keep her safe, help her establish a long relationship between her and a Dr. In the field, but most of all develope a ubiquitous trust in her towards me. Something she has never had before me, in fact, much much worse. It took awhile for myself to really understand her condition and her true character. Only recently have I made that detiremination. She needs me, she has no one else, state has no money or real concern of her welfare. Im filing paperwork to become her legal caregiver this coming week, as well as filing for the termination of the restraining order that I filed.
The problem now lies with her release date in 5 weeks and the contact with me, her fiancé who she lives with, have pets together and directly responsible for getting her where she n ends to be. Her current sentence is due to an FTA (probation & court date follow up) which WILL NOT HAPPEN AGAIN. Judge is not aware of the importance of my presence, nor Pandora's box soon to be opened.
The judge attached a criminal restraining order a year ago after the D.V. Conviction. I don't understand why that was attached in the first place. In the three years, we've made real forward progress together. The most significant, and most wonderful time together, being the absence of alcohol. Which was the last two months! Of which came to a halt when the PD knocked on my door asking if she was here . (That was 30 days ago, for The FTA) On her own she will not make it to her obligations, like probation dept., batterers intervention, Dr. Appointments, prescription refills, daily intake of meds, productive lifestyle, and a healthy and safe well being. IThat has been my focus.
How can I get a probation modification?
Submitted: 1 year ago.
Category: Family Law
Expert:  Phillips Esq. replied 1 year ago.

I am quite understand that you want to do the right by her. However, you may be putting your own safety in jeopardy. Unless she has received clearance from her physician that she is not a danger to you and to herself, then it is not prudent to let her come and live with you. That said, if you want the probation modified and Restraining Order vacated, you need to file Emergency Motion with the Court and state the reasons for your Motion just like you did here. You would also need to get an Affidavit from her physician stating that she is on the mend and no longer a threat to you or to herself. You can obtain a blank Motion form at the Courthouse in the Clerk's office.

Expert:  Phillips Esq. replied 1 year ago.

I quite understand that you want to do the right by her. However, you may be putting your own safety in jeopardy. Unless she has received clearance from her physician that she is not a danger to you and to herself, then it is not prudent to let her come and live with you. That said, if you want the probation modified and Restraining Order vacated, you need to file Emergency Motion with the Court and state the reasons for your Motion just like you did here. You would also need to get an Affidavit from her physician stating that she is on the mend and no longer a threat to you or to herself. You can obtain a blank Motion form at the Courthouse in the Clerk's office.

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