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  #1  
Old 03-13-2015, 03:38 PM
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Default His PO made a new rule: we can no longer have contact! Can it be overturned

My bf received word from his p.o. thst she made a new rule stating that he and I cannot have contact. Does anyone know how to overturn this rule?
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Old 03-13-2015, 05:25 PM
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If the PO believes that you are not a good, positive influence (whether that's being a codefendant, having a record of your own, or several other possibilities), then s/he is permitted to have that stipulation included in his parole contract.

You can go over his/her head, but don't do it until you know why he thinks that way, and - if there's a problem - how you've repaired or overcome it.
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Old 03-13-2015, 06:19 PM
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Well he is in jail right now on a p.o. hold. He and I had an issue and he is possibly bring chaged with d.v. but the d.a. isn't sure if they are going to charge him. she say that we can't have contact if there is no issue? I'm not a criminal I don't have a criminal history
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Old 03-13-2015, 06:21 PM
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Oh, if his issue is police contact, with you as the victim, the PO can definitely, absolutely put that condition on him. Your relationship is now the reason (other than his temper) that he's back inside. Part of the PO's job is to keep him away from the police and away from things that would send him back inside.
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Old 03-13-2015, 06:42 PM
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Even if he hasn't been charged and only went in on a probation hold for violating a curfew? Would talking to the supervisor possby make it so we could have contact?
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Old 03-13-2015, 07:18 PM
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I strongly doubt you'll be able to change a thing. Police contact is a potential violation. Breaking curfew is a violation. Domestic violence, whether formally charged or not, is a violation.
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Old 03-14-2015, 07:51 PM
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yeah, you're not going to find much purchase with that argument. Sometimes it's easier just to send them back to prison on the PV than to go forward with a criminal charge.

If they don't charge the DV, there still may be an order of protection keeping you apart as well as the PO's rule. It's pretty standard in DV cases to get a protective order immediately, even if the charges are eventually dropped. Assuming that there's a protective order in place, the PO won't allow you to get together for the reason that getting togetehr would violate Court Order, substantively interfering with his ability to successfully complete parole.

You need to keep your eye on that one as well - if there's a protective order, each and every contact you two have is a violation of court order, and will be used against him in the revocation.
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Old 03-19-2015, 05:04 PM
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Quote:
Originally Posted by yourself View Post
yeah, you're not going to find much purchase with that argument. Sometimes it's easier just to send them back to prison on the PV than to go forward with a criminal charge.

If they don't charge the DV, there still may be an order of protection keeping you apart as well as the PO's rule. It's pretty standard in DV cases to get a protective order immediately, even if the charges are eventually dropped. Assuming that there's a protective order in place, the PO won't allow you to get together for the reason that getting togetehr would violate Court Order, substantively interfering with his ability to successfully complete parole.

You need to keep your eye on that one as well - if there's a protective order, each and every contact you two have is a violation of court order, and will be used against him in the revocation.
I have a question for you. Since you're an attorney I thought maybe you could give me some insight. The incident happened back in february. The police report was February 6th. my bf has been in jail since last week monday. This case between us is still under review. They hvent decided if they will charge it. Do you know how long it normally takes for a case to be under review and why it is taking so long?
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Old 03-19-2015, 05:18 PM
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It can be as long as they want, within the Statute of Limitations for that crime.
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Old 03-19-2015, 06:17 PM
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It can be as long as they want, within the Statute of Limitations for that crime.
I understand that but I'm asking what is a normal time frame.
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Old 03-19-2015, 06:24 PM
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You're asking two different questions - how long can he be held on a parole violation and how long can they wait to charge him with the dv......which 'case' are you talking about?
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Old 03-19-2015, 07:06 PM
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DV case.
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