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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 116817
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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My husband in on probation for the last two years, since 2011,

Customer Question

My husband in on probation for the last two years, since 2011, we got married 2012, I have never gotten in trouble with the law before, my husband has been put in jail all together 3 times total of 6 months but not consecutively. This last time he was in we had gotten into a loud verbal conversation and it was to be a warning but then he got a disorderly conduct and was put in and stayed for a dirty UA. I then found out shortly after he was to stay in that I was pregnant. When my husband got out we were going to try and start out fresh, but we ended up getting 4 police contacts in 4 weeks. All the times they split us up for the night, the last time my husband was gone for a week. He was to come home but didn't so I went to his mothers place and tried to find out why, we got into a verbal fight and then ended in a physical one, I ran out of the place and cops were called my husband was bleeding and I was sent to the hospital with bleeding and bruises and concern for my baby. Every was ok, both me and my husband said we did not want to make statements we just wanted to alone time and to work things out. but I got charged with disorderly and domestic abuse because his mother said I broke in and started to yell and hit my husband, I am now going to court. The court put a no contact on me against my husband, my husband then got arrested and is PO said he was going to put a extra one on but to my husband against me, and that if he wanted contact to put a request form in and see if it is approved or denied. My husband then a few weeks later removed the no contact thro the court and put the request to have contact with me with his PO. well the only contact we can have is over the phone, appointments for the baby and counseling. well now I couldn't afford our apartment so I had to pack up and move all our stuff with just the little help from my family my husband could not come help. well I had to give him the rest of his clothing and stuff, his mother would not answer the phone, and my husband has been bouncing from home to home because he cant live with me because his PO won't let him. well my mother and I took his few belongings to his mothers, and started to unload it my husband came out and was going to take it in, his mother then kicked him out and started a verbal fight with my mother and I, so I called the other place my husband was staying at to come get his stuff, cops were called and they had asked if my husband and I could have contact and I said yes and no, yes because the no contact was dropped through the court and no because his PO won't let us except for a few ways, the cops said they did not care with what his PO said and that this conversation/fight between his mother and I needed to end, so my husband left with the other people and I left with my mother and it was all a warning, this following Monday, my husband was arrested on a PO hold do to me and him had face to face contact because I dropped off is belongings to him. I am asking can my husbands PO have this no contact on us do to the no contact is removed through the court, and this no contact he put on is not part of my husbands probation so can he be arrested and be in trouble for it. I am asking if what my husbands PO doing legal, because the judge and law enforcement and other court people have no idea what is going on and thought my husband was back with me since the no contact was removed, my husband and I are having a baby our first and my husband has already missed out on so much, I am just asking can this all be legal and can he possible go back to jail for being in trouble of just seeing me and miss out on his child completely?
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 3 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for education purposes only.

The PO has the right to set the terms and conditions and rules of anyone on probation under their supervision. Even if there is no court ordered restraining order I am afraid that based on the conduct you described above, the PO can put a no contact order on the person on probation and that would be a legally binding rule of probation the defendant must follow. Since it seems from your statements above, almost every time you see him some type of altercation takes place, the PO will be able to argue to the court that the no contact rule imposed by the PO is reasonable and if the court concurs the PO rule was reasonable it is legal and enforceable just as any other probation term and condition or court order, as the probation order states the probationer must follow all rules set forth by the probation department and must cooperate with the PO.

The only way around this is for your husband to file a motion in court asking for a court order to allow you two to have contact.

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Customer: replied 3 years ago.

okay thank you, but now my husband is on a PO hold and is locked up, can his PO put him back in jail or prison, for not listening and having that face to face contact. because this no contact is not part of his probation, it was just now put on and actually his PO had said it was only to be put on for a month and then reviewed to see if it can be taken off by September 11, 2013 only it wasn't reviewed or taken off, and now because I took him his belongings so he had them because we lost our apartment he is locked up for that one time face to face, can his PO send him to serve jail time or even prison for this.

Expert:  Law Educator, Esq. replied 3 years ago.
Thank you for your reply.

Unfortunately, yes, the PO can put him in jail for refusing to comply with instructions from the PO, it is a probation violation I am sorry to say. You can testify in court that it was your fault, as before he would go to jail he is entitled to a court hearing and you can explain it was your fault for initiating the contact and the court can decide this was not his fault and decide it is not a violation.
Customer: replied 3 years ago.

I don't know what u mean by go to court. Are you saying he can request to go to court on this matter.

Expert:  Law Educator, Esq. replied 3 years ago.
I mean that before the probation officer can actually revoke his probation your husband is entitled to a court hearing. The probation officer can put a hold on him and can file for a probation violation, but the court has to actually find he committed the violation for his probation to be revoked and for him to be sent to jail for the violation. Thus, your husband is entitled to a probation revocation hearing in court and that is what you need to get him representation for with local counsel to fight the probation officer's claims and for you to testify you were the one who went there and caused the contact with your husband.

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