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    ablackwell's Avatar
    ablackwell Posts: 1, Reputation: 1
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    #1

    Jan 7, 2011, 05:30 PM
    Can my federal probation officer violate me for being with my husband
    My husband who is also a felon and I are trying to get back together.my federal probation officer is forbbiding me to see him.Can she violate me?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Jan 7, 2011, 06:18 PM

    Hello a:

    I'm sure she'll try, but she won't be successful. You'll probably have to hire a lawyer to guard your marital rights.

    excon
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Jan 7, 2011, 09:03 PM

    Were you separated ? But you can, get back together, unless he was a victim in a one of the crimes you committed, then there are cases where they have been keep apart.

    But you may need to get an attorney and go before the judge to get the judge to OK it ( for you do_
    adthern's Avatar
    adthern Posts: 282, Reputation: 28
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    #4

    Jan 22, 2011, 03:53 AM
    The purpose of probation is to allow someone to reenter society, while safeguarding the rights of the community. That said, probation restrictions imposed may affect even fundamental rights such as freedom of speech, freedom of association (including marriage) if the conditions are primarily designed to meet the ends of rehabilitation and protect the public, and bear a reasonable relation to the crime the defendant is convicted of.

    The main factors here will be: is the husband a felon (already stipulated), was husband a co-conspirator, etc...

    As a practical matter, yes, so long as it is included in the court order, the probation department may restrict your associations (even with a spouse). However, remember that probation restrictions are a court function that can not be delegated to the probation department (i.e.: to addnew restrictions). So, you can always ask for a judicial hearing (through your attorney) and request a determination, though my guess is that the judge will uphold probation's recommendation if there are any facts that point to the husband being a negative influence on you.
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