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Delta-Lawyer, Lawyer
Category: Criminal Law
Satisfied Customers: 3546
Experience:  Over A Decade Of Criminal Law Experience
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My husband is currently in jail serving time for sexually abusing

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My husband is currently in jail serving time for sexually abusing my son. Can the judge parole officer really allow me to have no contact with my husband? No letters, no phone calls, etc? I am we are legally married. What are my rights?

I hope this message finds you well, present circumstances excluded. There are no laws in Michigan which bar a spouse from contact with another spouse that has been convicted of a sex offense. That said, since the judge retains jurisdiction over the matter and since there is a child involved to which the judge does have statutory authority to prevent contact with the offending parent, the judge could assert control over the matter and bar contact through that method.


This is admittedly a bit of a stretch for the judge to use authority over the case and the protection of the child as the mechanism to prohibit contact with the spouse, but it would likely pass judicial overview if you were to challenge it. They would use the best interests of the child as the mechanism to defend this action of the judge (if the child is still a minor)even though you may promise the child would never be around when you meet. Since the court cannot watch you at all times, they make broad proclamations such as this instead. If the child is no longer a minor, then this is something you could fight in court and likely win.


In short, while there are no statutes that directly allow a judge to do this, it is judicially feasible for the judge to take this action as long as the child is a minor.


Let me know if you have any additional questions or comments.


Best wishes going forward!

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Customer: replied 3 years ago.

My husband has no legal tie to my son as he is not biologically his. They have ordered him not to live in my house until my son is 17. He is now 9. I have no problem with that. How do you proceed to do couples counselling and maintain a somewhat healthy relationship with your husband if you have no contact with him? Especially when it was recommended by both his individual therapist and his group therapist that he had been seeing for 8 months before being convicted. I did not press the charges, the state did. Do I wait it out, let him serve his 5 months in jail and then go to the court with therapists recommendations yet again to the court to appeal as our rights as being married? I have no problem with whatever they say about having no contact with my son. That is fine. How are letters in jail going to pose a threat to my son? Phone calls?