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  #1  
Old 10-05-2006, 04:15 PM
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Arrow question re no contact ordered by PO not court

Hello,
I have a question. My husband is back in on a violation. His original charge was DV against me. He did 14 months and was paroled. He was arrested last February on a charge that was dismissed. He was then violated by his PO for violating a no contact order because he was at my house. The no contact order was not from the court. He will be released soon, and in April 2007 he will be off parole completely. I called the court to have the no contact order removed and they told me there is nothing they can do because they never ordered it. They told me to contact his PO(which I did with no response). The court says it is totally up to the PO's discretion.

We have not had any other problems related to the original charges since they happened in 2002. He has gone to the classes, etc. Does anyone have any ideas on how to get this removed? How can the PO do this if the court did not order it and I don't want it?

Thanks
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Old 10-07-2006, 02:17 PM
danas_gal danas_gal is offline
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that is really messed up!!! i am so sorry i hope you find out good news...i don't get that either..i thought a judge had to ok them first..
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Old 10-09-2006, 09:22 PM
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Go to your countys court house and ask the clerk (family court) for a order to vacate restraining order. You will fill it out then procede to courtroom where bailiff will give your request to the judge. If the judge agrees with your logic. he will vacate the order. Thats what I did.. Piece of cake!!!!!!!!
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Old 10-10-2006, 12:08 PM
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Quote:
Originally Posted by bullittgirl
Go to your countys court house and ask the clerk (family court) for a order to vacate restraining order. You will fill it out then procede to courtroom where bailiff will give your request to the judge. If the judge agrees with your logic. he will vacate the order. Thats what I did.. Piece of cake!!!!!!!!
I did that but there is no judge to see because the court did not order the restraining order. The PO made a no contact order part of the conditions of his parole. I am looking for information about how to get it removed if the PO is the one who put it in place. Thanks.
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Old 10-27-2006, 12:08 AM
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When a person is on parole, they are under the juridiction of the Board of Parole, therefore a parole officer can issue "no contact" as a condition of his parole. No contact with the victim is a general parole condition in California, which I'm assuming you're from. Since you were the victim in his case, the no contact would apply to you. Does not matter if you are married or if the judge did or did not order it. General parole conditions states that the parolee must not have contact directly, indirectly or by 3rd party with the victim.

In some cases where the victim is a family member, the parolee would have to request a modification of the parole conditions in order for them to have contact with the victim, which normally does not happen until the parolee has successfully completed any classess that were assigned. In some cases, the first step to reunification would be to get the parole agent's approval for the two of you to have contact to attend counseling together. Second step would be to get the doctor's letter of recommendation for reunification after successfully completing counseling. If the parole agent still does not feel that the parolee will have a successful parole by being around the person they victimized, then the PO will not modify the conditions. It's totally at his discretion.
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Old 10-27-2006, 11:29 AM
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Thanks for the feedback Nubeginning...you described exactly how it has been. Hubbie has not completed the classes yet because of this recent violation but was over half way done when he got violated. I am just wondering what will happen now because he will be completely off parole in April 2007. He gets out Jan 2007 so we only have a couple of months to deal with the PO on it. We are hoping he just lets it go since it is such a short time left. Hubbie and I have both been to counseling, and he will complete his anger management classes regardless, so we are praying for the best.
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Old 10-28-2006, 01:50 AM
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Just remember it doesn't matter how short a time he has left. If the PO is adamant (sp) about him adhering to the no contact, he can violate him if he contacts you even if he only 24 hours left of parole. Basically, he should try the route of getting the PO's approval. Simply state that since his parole term is 90 days away, is it possible to begin the family reunification process. Even if he doesn't allow him to move in with you, can he permit say.... weekend visits or something. Justify it by pointing out that you've been to counseling and desire to put your marriage back together by having weekend visits or something. They won't violate him for requesting approval. It's worth a try. Now I make the above statement under the assumption that this stint in prison and the counseling have helped him to overcome his acts of abuse. You're in my prayers that this is a new beginning of a happy and healthy relationship for the two of you.
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Old 10-28-2006, 04:44 PM
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Quote:
Originally Posted by NuBeginning
Now I make the above statement under the assumption that this stint in prison and the counseling have helped him to overcome his acts of abuse. You're in my prayers that this is a new beginning of a happy and healthy relationship for the two of you.
you are correct in your assumption. It has been 4 years since the original incident with non ein between. He just keep getting violated due to drug addiction stuff. I know we stll have along way to go, but I am inprayer and in hope.
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