My step daughter is on juvenile probation and has been doing everything she is suppose to. The probation officer has been "making up the rules" as they go. He has since put her on "house arrest" and won't let her come and see her dad of which he has a divorce decree that gives him custodial rights. A probation officer can't "over rule" a decree of divorce that gives her father legal and custodial rights and deny him the right to see his daughter on their scheduled visitation can he?
Country relating to Question: United States
State (if USA): Idaho
We are trying to find an attorney to handle a civil suite against the county. We are also want to file a motion to vacate a hearing this probation officer has scheduled for July 5th that says my step daughter has violated her probation by seeing one of her friends, who isn't even on probation and the probation agreement only indicates those who are on probation. This officer is committing several misdemeanors and felonies and we're not sure where to start to get our daughter some protection.
Thank you for your question. Be sure to go ahead and bookmark www.nateanswers.com for future questions.Actually, he can do that.The solution here is to petition the juvenile court judge for a determination of what is required of her. Ultimately, the Probation officer works for the judge. Once that is solidified she'll know more of what to expect. In the meantime the probation officer will continue to do what they're presently doing, which unfortunately is not all too uncommon with probation officers.So, the attorney you hire needs to petition the judge to delineate the requirements of her probation. That will ensure she is not unfairly treated going forward.Please remember to only rate my answer when you are 100% satisfied. IF you feel the need to rate "Poor Service" or "Bad Service", please stop and reply to me via the REPLY TO EXPERT button with the issue you have. I am not paid unless I get a rating of 3 to 5 Stars/Smiley Faces. If I have helped you with your question, please give me an appropriate rating so that I get credit for helping you. Thank you, Nate
We know what the requirements of her probation are and it is written and signed, but how can the probation officer hand write in requirements as he sees fit?Also, when it comes to putting her on house arrest (yes he can do that), he can deny the parent his custodial rights and a judge (who happens to be a friend and neighbor of ours) says that's a Misdemeanor on each occurrence of that probation officer?
That's why I was suggesting you get the judge involved that is over the probation officer. If he is involved, he can rein the probation officer in from this behavior outside the rules. That's the most efficient and effective way to ensure that she does not have random requirements sprung on her at her probation officer's whim.
So the judge who is over the court doesn't see that there is a problem. Our neighbor (judge) has had a discussion with this judge, to indicate there is a problem and this judge says he can't ever imagine there is a problem with this probation officer. As well, it has been told to us that the judge isn't over the probation officer, the county commissioners are. The county commissioners pay the probation officers wages.
Yes, but the probation officer reports to the judge. Whether or not the judge can believe there is a problem, you can document the actions the probation officer has undertaken. It's at least worth bringing it to the judge's attention. Otherwise, there is no other recourse and she's going to have to deal with whatever random rules the probation officer decides to implement.
Ok, I can accept that, but how can he deny custodial rights to a parent who already has a judges order and not allow him that right to see his daughter on their scheduled visitation?
In law, criminal requirements always trump civil ones. It's no different than, to take the extreme, she was put in actual jail. The right to custody / visitation would not override that decision. This is a lesser degree of that, but the principle is the same.If you have further questions, please feel free to continue. If not, please do remember to leave a positive rating for my assistance today.Thanks!Nate
So how does a probation officer put a person on house arrest? Don't they have to have a judges order?
Usually so. That's why I'm suggesting you get a lawyer to petition the judge to clarify the terms of her sentence.
Over 8 years of legal practice.
So there is the problem, he never got a judges order to put her on house arrest. He just made that decision without a judges order. Can he deny the custodial rights without having that judges order?
Yes. This is why you need to go to the judge. This can be easily corrected by getting the judge involved.
Do you know of a good Criminal Attorney in Pocatello, Idaho by chance?
The rules of our site don't allow us to offer specific referrals. I can point you in the direction of the American Bar Association approved lawyer referral service in Idaho. They can provide multiple qualified references to consult. That information is hereIdaho State BarBoise, ID Phone:(NNN) NNN-NNNNCounties Served: Statewide
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