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Zoey, JD
Zoey, JD, Lawyer
Category: Family Law
Satisfied Customers: 27108
Experience:  18 years of litigation experience.
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Back in May My fiancé were having Family issues due to his

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Back in May My fiancé were having Family issues due to his drinking, their was a protection order issued in the midst of this he went to court and was sentenced for a DUI and unlawful touching needless to say he was sentenced to 30 days and 3 years probation and a huge amount of classes and allot of fines, this was a month and a half ago. since we have went to counseling and have decided to give this another go- so I have dropped the protective order which the judge signed off on 2 days ago - well today the Judge sends a modification to my fiancé attorney saying he overlooked adding as a condition to his probation he can not have any contact what so ever with me, We are devastated... Can he do this? what can we do? we all make mistakes, we just want to move on and try to get on with our lives but this judge seems to have it out for him...
Submitted: 11 months ago.
Category: Family Law
Expert:  Zoey, JD replied 11 months ago.


Yes, unfortunately. When someone is on probation he lacks the same rights as other citizens, because he's been convicted of a crime and a violation of his probation subjects him to a jail or prison term.

It is standard for probation to order a probationer to keep away from a complainant during the term of probation to remove the possibility that the probationer will reoffend due to the dynamics of the relationship. If the judge had not imposed this condition, probation would have done so as a matter of course.

What your husband can do, however, is to get the matter back before the judge and have a hearing on the issue. If he can convince the judge that this is an unjust requirement under all of the circumstances, the judge has the power to lift the restriction, just as he lifted the order in the first place.,

Expert:  Zoey, JD replied 11 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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