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Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 26833
Experience:  Active member of the NYS bar since 1989
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Can my husbands parole officer keep m from living home

Customer Question

can my husbands parole officer keep him from living home
Submitted: 1 year ago.
Category: Legal
Expert:  Zoey, JD replied 1 year ago.


Unfortunately, yes. Your husband is a convicted offender who has been released early from his prison term with the understanding that he comply with all the dictates of his parole. If he doesn't do that, he can be returned to prison.

He doesn't get to make a choice about this. As a felony offender, he is without civil rights, except a right to a hearing on the matter. So he can take the matter to the parole board. If they feel that living in a sober home would be of greater benefit to him than living with you, they will uphold the decision of his parole officer. That is particularly true if he was abusing drugs while living with you in the first place, or if you have a drug history too.

Parole can't make requirements of a parolee just because they have the power to do it. Their requirements can't be arbitrary and serve no purpose. Your husband can get his lawyer and take the matter to his sentencing judge. But in my experience a judge will not overrule parole unless the requirement creates an injustice.

So there are things he can do, but they may not be successful. With something like this, unfortunately, parole holds all of the cards.