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boni3031 · Aug 28, 2008, 08:00 AM

I have a friend here in Orlando, FL. She was placed on probation for harassment the other party told the judge she was in fear for her life from my friend. There is an injunction where she can not come within so many feet of this person. She lives on the same street that the school is on. My friends probasion officer told her that she could not walk down that street or take her kids to school since that school is located on that street. There is nothing in writing stating this, this was just told to her. My question is can they do that? Doesn't it have to be in writing in order to violate her? Or ordered by the court?

Cody Nash · Aug 28, 2008, 08:32 AM

I would contact the judge on that one.. I mean her probation officer isn't in charge of telling her that.. it's the judges. So I would talk to the judge about it and see what he says.. hope it works out though

JudyKayTee · Aug 28, 2008, 08:41 AM

Originally Posted by boni3031

I have a friend here in Orlando, FL. She was placed on probation for harassment the other party told the judge she was in fear for her life from my friend. There is an injunction where she can not come within so many feet of this person. She lives on the same street that the school is on. My friends probasion officer told her that she could not walk down that street or take her kids to school since that school is located on that street. There is nothing in writing stating this, this was just told to her. My question is can they do that? Dosn't it have to be in writing in order to violate her? Or ordered by the court?

She can either ignore the PO and violate or walk some other way or move.

I was just in Court and a similar case - in NYS - was going on and the person was told to move if she couldn't live her life without going down a certain street. And the Judge was not joking.

The PO will report a violation to the Judge - PO's are not necessarily warm and wonderful people. I wouldn't challenge him/her. If it comes down it, which one of you do you think the Judge will believe?

And then there's always the possibility the Judge will then reduce this to a written Order.

JimGunther · Sep 7, 2008, 02:30 AM

I was a probation officer for a long time and believe me, a PO is required to enforce the probation order exactly as it is issued by the judge-they have no power to add anything to it, or take anything away from it, for that matter.

The probation order should specify in writing exactly what the person is allowed to do and not do. It should be perfectly clear to the probationer by reading the order. HOWEVER, in this case, we are talking about an injunction, sometimes known as a restraining order, protective order, etc. This is an entirely different legal document that places restrictions on the person and this should also be specific as to what the person can and cannot do.

Again, a PO does not have the power to change this document because it was issued by a judge. Violating the order can be considered a violation of probation because a general condition of probation is to "obey all laws" and such a legally binding document falls within "obeying the law."

The question seems to be, what if a PO tells you to do something and the probation order doesn't require you to do it that way. The answer is obvious-a judge has the legal authority to impose conditions on a probationer, not a PO. If the PO tries to add further restrictions to an existing probation order, write the judge. His information should be on the order.