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  #1  
Old 10-09-2017, 07:01 AM
Shanny79 Shanny79 is offline
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Default Parole violation: Arrested for DV, charges dismissed! Can he come home?

My husband is on parole for residential, but in on a violation. He got arrested for DV, charges were dismissed! What happens and can parole home?
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  #2  
Old 10-09-2017, 09:07 AM
yourself yourself is offline
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Parole and a criminal case are two very different things. First off, the standard of proof for each varies greatly. We all know a criminal case requires proof, "beyond a reasonable doubt", but to prove a parole violation, the standard of proof is much lower, usually hovering around "clear and convincing" evidence, depending on your state.

Second, the cost to prosecute the PV is usually a lot less than the cost to prosecute the crime, and you don't even have to have a trial and jury - just a hearing. Yes, you get a lawyer, even if you can't afford one, but it's much faster, involves a lot less court time, and results in imprisonment (usually) up to the max date for the underlying crime.

Third, no matter what happens with the DV, one of the conditions of his parole was no police contact and no arrests. They don't even have to weigh whether or not, by clear and convincing evidence, your LO engaged in DV - they have at least 2 other parole violations to act upon, both of which easily meet the threshold of proof necessary - a police officer with testify he made the arrest.

So, no, he's not coming home until everything is cleared up with parole, and parole exacts its pound of flesh.

The other thing to be mindful of is that there may be an order of protection or no contact order out there as a result of the DV. They are standard. They are also independent of the DV charge itself. You're going to have to have that lifted before he can come home to you or be within x hundred feet of you, call you on the phone, email, text, or otherwise contact you.

You're going to need to deal with that one, make sure there is no NCO or OP in place or he may get out of jail at the conclusion of the parole hearing, but he won't be going home to you.
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  #3  
Old 10-09-2017, 06:40 PM
Shanny79 Shanny79 is offline
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Quote:
Originally Posted by yourself View Post
Parole and a criminal case are two very different things. First off, the standard of proof for each varies greatly. We all know a criminal case requires proof, "beyond a reasonable doubt", but to prove a parole violation, the standard of proof is much lower, usually hovering around "clear and convincing" evidence, depending on your state.

Second, the cost to prosecute the PV is usually a lot less than the cost to prosecute the crime, and you don't even have to have a trial and jury - just a hearing. Yes, you get a lawyer, even if you can't afford one, but it's much faster, involves a lot less court time, and results in imprisonment (usually) up to the max date for the underlying crime.

Third, no matter what happens with the DV, one of the conditions of his parole was no police contact and no arrests. They don't even have to weigh whether or not, by clear and convincing evidence, your LO engaged in DV - they have at least 2 other parole violations to act upon, both of which easily meet the threshold of proof necessary - a police officer with testify he made the arrest.

So, no, he's not coming home until everything is cleared up with parole, and parole exacts its pound of flesh.

The other thing to be mindful of is that there may be an order of protection or no contact order out there as a result of the DV. They are standard. They are also independent of the DV charge itself. You're going to have to have that lifted before he can come home to you or be within x hundred feet of you, call you on the phone, email, text, or otherwise contact you.

You're going to need to deal with that one, make sure there is no NCO or OP in place or he may get out of jail at the conclusion of the parole hearing, but he won't be going home to you.
I know for a fact that there is no OP, I was able to visit him in county, and all charges were dismissed. So with that being said, and say they do reinstate him, could he come home? I talked with the parole board a little, they told me to write a letter.
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Old 10-09-2017, 08:17 PM
CenTexLyn CenTexLyn is offline
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The parole entity does not have to approve the residence even if there is no protective order in place. In MANY States, an arrest for DV is enough to direct the releasee to live elsewhere, no matter the outcome of the new criminal charge. Exceptions MIGHT exist where there is a jury verdict of acquittal or where the dismissal expressly states that there was NO evidence that supported the charge.
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Old 10-11-2017, 07:33 AM
Shanny79 Shanny79 is offline
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With him going infront of the board with the charge dismissed I heard will help him. And I verified today no order of protections
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Old 10-14-2017, 08:39 AM
xolady xolady is offline
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Originally Posted by Shanny79 View Post
With him going infront of the board with the charge dismissed I heard will help him. And I verified today no order of protections
When you find out more would you please post it, I seem to remember others having same type of issues.
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