A year ago I had to have my husband arrested for DV. He wasn't convicted of it as he was found with drugs and under the influence... We've spent the last year trying to rebuild our marriage and he's paroling to a residential treatment facility to continuing his programming (he's done a year inside sofar). We've been "told" by the prison's parole person that the parole agent will most likely make no contact with me until he's completed a 26 or 52 week anger management class a condition of his parole. Which I think is crazy cause we want to get marriage counseling started and have me participate in classes with him at his treatment facility, plus another year waiting?? Has anyone experienced this and fought it - sucessfully or not? Since our marriage is a private issue between us, it doesn't seem right that the government could override our decisions and impose their own - sounds like a foreign country! Any input/advice would be welcomed! Thanks!

Julie - it's possible that the PO will require the no contact. But for your counseling, let me tell you - anger management and marriage counseling will not work for domestic abusers, In fact, there is every chance that it will make things worse for you (because you will share freely all your feelings, etc. and they will be used later against you, not to mention that a marriage counselor will try to find a middle ground, but there is none between an abuser and a victim). You should try to find an abuse specialist, because that's the only person who will know how slippery abusers are. Be safe - do it the right way, and there's a minor chance that you can make your marriage work. Check out some of the threads in the domestic violence forum for more info. Good luck!

Let me add that the provisions are there because SOOOOO many of these domestic violence incidents repeat - and cops hate to get called to domestic disputes over and over. So the state has taken over trying to require treatment to minimize the recurrences. It's not private once you get hurt, or once you call for help and get the public servants involved.

Yep, law enforcement assumes that you aren't capable of making a good decision regarding your own safety where he is concerned. Personally, I would contact his parole agent myself. I'm betting that you can get a "monitored environment" waiver, where you can only be with him at counselling sessions. At least at first. If that gets shot down, ask if it would be possible to do that after he completes an anger management or domestic abuse class. And make sure he gets a domestic abuse class, not just anger management, before he comes home. It's a different issue and needs to be treated differently. Good luck. I think an addict/abuser has a better chance than most of permanent change, if he/she gets chemical free and stays that way.

Hey Julie, I'm currently going thru the same type thing but we are married...I had the Protective Order terminated just so I can visit but I just recently talked to the PO and he said, nope, no contact at all...so yes, the state will override even a marriage..even when he is doing 18 months to get clean...which was the problem for us too....HOWEVER, the only thing we have found out is...that anger management class he has to do...he can double it and have it done in 6 months...and then it is up to the PO if he is ready to come home afer it is completed...have him take every type of class he can....anything that is to help him with anger, substance, relationships...it all looks good to the PO, who makes the final decision...

good luck...I am in denial right now that my husband isn't allowed near me.

BLuft - you have my best wishes, but you need to deal with the possiblilty that your real denial is about how repetitive abuse is and how resistant to treatment.
Peace.

Ya, because of this theory my husband can't come home. This is a smart theory for someone who is an abuser, just to be an abuser....like the OJ case, which is why the law changed this way......but when a person gets angry when under a substance and the substance is now gone from their life....this is different....I'm also a Christian (and not just since this situation) and believe in forgiveness. The system is secular....I am willing to give my husband another chance as a sober person.....but that is it....I'm not one of those women who is visiting him every weekend and believes everything they hear. I've set my boundaries and this whole experience has opened my eyes..besides, there is so much you do not know of my situation. I only posted a message to let Julie know that her boyfriend can double up on classes.....but thanks for showing concern..even if you don't know the facts.

ok i absolutly disagree with the parole being able to say that a married couple cant save their marraige that is 100% wrong, i am going through that damn 52 week crap, my husband is fighting the case right now with the parole board, my husband is innocent, they threw the case out in court even, but parole says they only need reasonable couse by 50% thats bullshit in my book they judge us like every case is the same, and were individuals, as an american citizen i feel like they do not have the right to break up a family this really pisses me off, i will do what ever it takes to fight this ill get my own lawyer, protest,pickett,whatever!!!! im going to his trial to testify for him in 2 weeks hopefully they see how good he was doing cuz he was doing the best ive ever seen church, work, no drinking, no drugs, no old friends nothing! just me and the kids... his frame of mind is 100% different and im so proud of him.. i think parole has way to much power, and i feel affended that they assume im to stupid to make a wise decision....shit ill go to the president if i have to lol....

I am going through the same deal with my Brother right now he did his time came home and did his 52 week class AND STILL NO CONTACT WITH ME OR MY HUSBAND THIS IS KILLING US!!!

I'm currently going through the same thing. I was convicted of domestic violence against my wife and I'm currently on parole fighting the parole imposed no contact order. First off the parole authority does not have a right to get away with this. The CDC does what they want. Legally they a can not keep a married couple apart. The only law that permits this found in the penal code and only the court can issue stay away orders, ex parte orders, or no contact orders. The parole authority can not take it upon themselves, there first must be a state law mandating a placement. Your civil and constitutional rights are being violated. I'm currently doing a lot of legal research and fighting my no contact order and will try and keep you posted as it progresses. Also keep in mind that parolees also retain certain civil and constitutional rights, the 14th being one of them "The right to liberty and happiness". Your marriage can and will work, just hang in there. Be aware of people that try and tell you if it happened once it will happen again. Counseling will help. If your interested I can give you further detail as to how I'm fighting my case and will include case law that will help you. But I must advise you you may have to file a Writ of Habeas Corpus with a CA court before the parole authority will lift the no contact order. The is hope and I'm here to help. It's time we step up and fight the CDC SYSTEM!!!!!!!!!! They can't continue to do what they want to whom they want.

I was reading some of your threads in regards to married couples and past domestic violence. Here's my situation. I have been married for about a year and my husband is approching his release date and has plans to parole to my home. The problem that I am concerned with is previously before he went to jail for his current jail sentence he was arrested for domestic violence and was sentence to 6months and was required to attend anger management classes. The problem is that the scheduled date he was to report to court to show proof he was enrolled he went to jail on a new charge and missed his court date and never attended the classes. Do you think this will effect him being able to parole to my house? Since the DV involved me.

Several years ago, before I retired from CDCR, I had an inmate on my caseload that was given a ' no contact' condition of parole. I was surprised at this because of the inmates circumstances. He was given probation for the domestic violence case and remained at home with his wife for over three years before he violated his probation and was sent to prison. The probation violation was not domestic violence. I am good friends with the individual that was the Parole Regional Administrator, and decided to give him a call to find out why the condition was placed and how it could be removed.
The Parole Administrator quoted a California Penal Code section that allowed CDCR Paroles to set conditions of parole and said the section allowed the no contact condition, and in their opinion required the no contact provision.
The inmate was a successful businessman and his wifes family had substantial money. They sued the CDCR Paroles to have the no contact order removed. They were not successful, Over the years the ex-inmate has kept in touch by sending me Christmas cards. He has remained out of trouble, and he and his wife are doing well.

Just thought you might find this interesting.

YES!!! My sister is in this right now. It sucks! He went in on DV. They wanted to be together so bad they made a dummy move and ran out of state. Got caught ( DUHHH ) and now it starts again. He gets out in 40 days and they want to be together. The classes he took while he was down ( DV and AM ) he was givin no certificates for them so he has to take them again and pay pay pay! All this crap makes it stupid hard for families to get back into the swing of things. My fiancee is down for a DV on someone else. God I hope they don't try to put all that junk on us. I don't think they can but since they are under the impression they are GOD who knows. Good luck to all.

Reading these posts, I didn't realized that this condition of parole could be enforced so strongly. Especially for married people. We're from Ca and my son reutrned to his girlfriend, the DV victim. The PO visited our home and met with both. Said they don't think it's a good idea to reunite, but the PO would monitor his bahavior. They're not married, but have a 2 ssmall kids. He has since been arrested again for drug charges and his girlfriend has spoken to his PO and said they will live together when he gets out this time also. The PO told her that he hopes all goes well with both of them this time after his release. My son has had 3 different POs and all knew they were living together. It seemed to be not a big issue as long as they were getting along. He did have attend the weekly anger management classes.

This is something you don't hear about that offen. I know it can happen.

My ex beat the crap out of me in November 2006. The county gave me a protective order on him not to be within one mile of me. His PO also put another 3 year condition on him, not to have any contact with me, not even through a 3rd party.

I hope those of you that have been victims of DV that all works out for you, I really do. But, this guy has always been a woman beater, I was just the first one to turn him in!

He was arrested as a felony. Now the DA dropped it to a misdomeanor. He probably won't get time for it. He might just have to do classes. When he was in a few years ago he took the Anger Management classes, it didn't help him.
He is doing a 10 month violation w/ 1/2 time. He had been out for 100 hours. I will not back down on him. I want to have nothing to do with him . . . he didn't have to hit me, drag me by my hair two times into the living room, backhand me in the eye and threaten to pour hot coffee on me if I didn't stay quiet. I had to have 6 inches of my hair cut off, I know it will grow back, but that is not the point. Again, I hope you ladies have better luck than I did.


Several years ago, before I retired from CDCR, I had an inmate on my caseload that was given a ' no contact' condition of parole. I was surprised at this because of the inmates circumstances. He was given probation for the domestic violence case and remained at home with his wife for over three years before he violated his probation and was sent to prison. The probation violation was not domestic violence. I am good friends with the individual that was the Parole Regional Administrator, and decided to give him a call to find out why the condition was placed and how it could be removed.
The Parole Administrator quoted a California Penal Code section that allowed CDCR Paroles to set conditions of parole and said the section allowed the no contact condition, and in their opinion required the no contact provision.
The inmate was a successful businessman and his wifes family had substantial money. They sued the CDCR Paroles to have the no contact order removed. They were not successful, Over the years the ex-inmate has kept in touch by sending me Christmas cards. He has remained out of trouble, and he and his wife are doing well.

Just thought you might find this interesting.

All of these DV situations that I am seeing on this thread are appealable situations especially if you are in the state of CA. If you need a CDC form 602 please send me a PM so that I can send that to you in PDF format as well as the filing instructions.

Until next time...take care

I'm going through the same thing. Parole issued a no contact order against my fiancee and I'm trying to figure out what I can do to change it. He will be in prison until possibly April or May and CA only allows them to do one DV class per week and will not allow contact until he has completed 52 classes, which they say he cannot do until he is released. We have an 11 month old son and I cannot imagine him not having his Dad for over a year! They were VERY close. My fiancee begged for an alcohol program instead of prison where he could get help instead of prison but they offered it and then took it back and gave the prison time with no contact order instead. If anyone knows/finds out how to fight the no contact order, PLEASE let me know! I've started calling the PO but so far, he's not answering or returning my calls, which is typical. THanks!

Ok. I found out today from headquarters that you can file an appeal with your parolees headquarters division about no contact orders. My husband had one put on his parole. The messed up thing about it is that he was not convicted of DV! The cop tried to say at first that maybe there was or there was (whatever), but she had NO PROOF when she tried to say at first that she did. She ended up testifying that there was no DV going on and that she took him becuz I signed a paper of arrest, which I should have read. She told me that it was a paper that would make it so that he cannot be in the house that night (he was ANNOYING me), but that he would be back in the morning. Anyways, I also found out that if that appeal does not work out, then you can appeal that decision above the first appeal. Another messed up thing about this situation is that the parole board did not give him his rev hearing within 10 days. Also, they appointed him some BS attorney that would not even bring his evidence he asked for to his rev hearing. The rev hearing officer told my hubby had he had the evidence (transcripts from county court) that he would have let him go. When it came time for the actual hearing, the commissioner would not examine his evidence (the transcripts). She was a hater from the get go. She was rude to me and everything and I was very polite and humble. She had the nerve to tell my hubby that he is better off with out me, because I called the cops to our home (which honestly was a mistake of mine). I have never dated a parolee and I did not realize the seriousness of it all. If it was an extreme emergency then I should have called. I was just super annoyed and agitated with him (plus I was going through post-pardum). We just had had a baby at that point. He is one now.

Anyways, the DA in county court dismissed all charges because there was nothing to convict him of, and they took their sweet time trying to find something. I am sure they monitored our visits to see if there was anything wrong and of course they found nothing. They deal with battered women all the time and I know they know I am not one. They saw it for what it was (a verbal altercation) and anyways, parole got him.

After he was sentenced the his parole agent admitted to me that he was in trouble because my hubby did not listen to him about transferring back to the OC. Just goes to show you how CORRUPT this system is! So u mean to tell me they have my husband in there all these months because some cry baby parole agent is mad because my hubby did not move when he wanted him to? I yelled at him. The whole thing with the moving thing is this ... the parole agent told him to move to OC. Said he had to because my hubby had an argument with my mom (and we were living with her at the time). I called headquarters and found out he did not have to move counties because I am his wife and we have a son together, so we moved to an apartment. The parole officer obviously had kept a chip on his shoulder ever since! When my hubbs got sentenced by parole to 10 mos (which he is only doing 9) ... well like I said he said that is what he gets for not listening to me and going over my head. I said HE DIDN'T GO OVER YOUR HEAD! First of all I am the one who found out and 2nd of all you had no business LYING to him in the first place. My hubby is a good parolee. He is no trouble. He was very compliant and was always where he was supposed to be. This parole agent did not even come and check on him TWO months in a row! Good for my husband I I guess, but damn ... doesn't the agent have a job to do? I guess that means he lied on his paper work and told his boss he did check on him.

Can you fight it and win ?? I kn ow you can appel it.. but has anyone ever won ? Also if you try to fight it and lose wil that make the time on parole even harder... will that bring more attention to you ??