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ziggy9796 · May 7, 2008, 09:46 PM

My son was put on probation for OWI. His fiancé was on probation before he was. My son and his fiancé were at my home and they got into an argument. When they were together, someone called the police for a disturbance. Before the police arrived his fiancé went outside, and my son had left. So he wasn't at my home when the police came. His fiancé was and she gave them a statement saying there was no physical contact but just a disagreement. My son and his fiancé have the same P.O. When they both went to see her on their scheduled day, she told my som he was to have no further contact with his fiancé. The P.O put him in jail that day for alligations of domestic abuse. He proved to the P.O. that he never was physical with her. The P.O. wrote a statement herself and had his fiancé sign it saying that it was physical. His fiancé didn't want to sign it but she said she would go to jail for another violation by not signing. He had an appointment to go see his P.O. When he got there she put him in jail again for having contact with his fiancé. He proved again that he did not have any contact with his fiancé after he was given the no contact. Right after the not contact, my son gave up his apartment for his fiancé and her daughter because the needed a place and he stayed at his grandmothers. His grandmother verified this with the P.o. when she called her that day he went to jail. When in jail he called his fiancé to get a statement from her saying that they have not had any contact with each other. After he was in jail, she had an appointment to see the P.O. When she went in she was put in jail for the phone conversation that they recorded of them speaking. They continued with the no contact with her and my son and also added that she and the baby can not have contact with anyone in our family. Can the P. O put this no contact on the whole family? I can understand my son but what did we do to get this. My son and his fiancé have been together for a while and the baby is like my grandchild. My son is not her biological father but he is all she knows. Is this right, can they do this?

justcurious55 · May 7, 2008, 11:15 PM

Something just seems very wrong about this. I'd want an attorney involved if I was you. It just doesn't seem right, kind of like maybe the P.O. is abusing their police power. But I don't know the details of the law well enough to say for sure.

JudyKayTee · May 8, 2008, 06:22 AM

Originally Posted by ziggy9796

My son was put on probation for OWI. His fiance was on probation before he was. My son and his fiance were at my home and they got into an argument. When they were together, someone called the police for a disturbance. Before the police arrived his fiance went outside, and my son had left. So he wasnt at my home when the police came. His fiance was and she gave them a statement saying there was no physical contact but just a disagreement. My son and his fiance have the same P.O. When they both went to see her on their scheduled day, she told my som he was to have no further contact with his fiance. The P.O put him in jail that day for alligations of domestic abuse. He proved to the P.O. that he never was physical with her. The P.O. wrote a statement herself and had his fiance sign it saying that it was physical. His fiance didnt want to sign it but she said she would go to jail for another violation by not signing. He had an appointment to go see his P.O. When he got there she put him in jail again for having contact with his fiance. He proved again that he did not have any contact with his fiance after he was given the no contact. Right after the not contact, my son gave up his apartment for his fiance and her daughter because the needed a place and he stayed at his grandmothers. His grandmother verified this with the P.o. when she called her that day he went to jail. When in jail he called his fiance to get a statement from her saying that they have not had any contact with each other. After he was in jail, she had an appointment to see the P.O. When she went in she was put in jail for the phone conversation that they recorded of them speaking. They continued with the no contact with her and my son and also added that she and the baby can not have contact with anyone in our family. Can the P. O put this no contact on the whole family? I can understand my son but what did we do to get this. My son and his fiance have been together for a while and the baby is like my grandchild. My son is not her biological father but he is all she knows. Is this right, can they do this?

Your son's fiancé signed a statement that it was a physical altercation; your son has proof it was not. Apparently the PO believed the fiancé and not your son's proof. Assuming the fiancé is of legal age, her statement would be believed, whether she wrote it and signed it or whether somebody else wrote it and she signed it.

Someone here has lied - either the fiancé in her sworn statement or your son in his oral statement.

I don't understand who alleged the contact between them after the no contact order was issued - someone had to tell the PO there was contact. It sounds to me like perhaps the fiancé is playing both sides of this.

Despite the no contact offer (and from jail!) your son contacted his fiancé to get her statement that they have not had contact - ?

I don't know if the PO is or is not within her "rights." I know they can be and often are brutal - because they can be. I also don't know whether she can issue a no contact order that covers your whole family because I don't know the history here and whether child welfare is somehow involved, which I suspect might be the case. Have you actually seen the no contact orders or is this info from the fiancé?

I'd also be quite upset about not seeing the baby but I'd be looking a little more closely at the fiancé - as I said, are you sure she's not playing both sides of this and feeding info to the PO?

What would I do? I'd contact an Attorney on all of these issues, all of your questions.

twinkiedooter · May 8, 2008, 07:15 AM

I agree with Judy. There is more here than meets the eye on first reading. Usually when someone is on probation they are prohibited from being with other people on probation. This is a normal stipulation of probation. The fiancé signed whatever paper she had supposedly to not go to jail. That's her story. Who knows if this is correct or not. In any event the PO must have the reasoning that someone might be used to pass messages between the two parties and want to stop this by denying you visitation or contact. Some people will do virtually anything to stay out of jail regardless who they "dump" on.

Fr_Chuck · May 8, 2008, 10:39 AM

If and when there appears to be a place of problem, something that is causing the person to perhaps get into trouble the PO can order them to stay out of that area. Parts of town where hookers or drugs are sold, people are often ordered not to even go into that part of town.
A person who shoplifted are ordered to stay out of certain malls.

But both of them needed an attorney long ago.

But they also need some common sense, orderd no contact, and called from the jail. OK they deserved to go to jail for that one.