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can our parole officers keep me and my wife from living together

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mrpizzle

Junior Member
What is the name of your state (only U.S. law)?
I live in columbia county pa. I have been married since 2006. In 2009 I got put on parole for (f3) criminal tresspassing. my wife went to jail in dec. 09 on a felony theft charge. for which she is currently in jail for. me and my wife split for a little bit while i went to rehab. but we never got a divorce. we have now recosiled our differences, and my parole officer is telling me that me and my wife are not allowed to live together. is this legal? What can I do about this.
 


Ohiogal

Queen Bee
What is the name of your state (only U.S. law)?
I live in columbia county pa. I have been married since 2006. In 2009 I got put on parole for (f3) criminal tresspassing. my wife went to jail in dec. 09 on a felony theft charge. for which she is currently in jail for. me and my wife split for a little bit while i went to rehab. but we never got a divorce. we have now recosiled our differences, and my parole officer is telling me that me and my wife are not allowed to live together. is this legal? What can I do about this.
Yes it is legal. You are NOT allowed to associate with known felons. She is a felon. What you do about it is up to you but you can't be around her -- therefore you may want to consider a divorce.
 
so how would that work if they married,always lived together, he became a felon, then she became a felon, you mean the law says they cant live together anymore?
 

CdwJava

Senior Member
so how would that work if they married,always lived together, he became a felon, then she became a felon, you mean the law says they cant live together anymore?
In some cases, yes.

Remember that parole is a release from custody when one SHOULD have been in custody. So, had the person not been on parole, they would be apart while the parolee was in prison anyway.

If they want to challenge this decision, they will likely need to hire an attorney and hope they can convince a judge that it is in BOTH of their best interests to remain together.
 

You Are Guilty

Senior Member
I don't see the issue. If you do not like the conditions put on your parole, turn it down and stay in jail. Then, when you serve all your time and get out, you won't have to worry about a PO telling you what you can and can't do. Problem solved.
 

BL

Senior Member
And the parole stipulation most likely go further than not living together .

As was state " associate " .
 

tranquility

Senior Member
Does anyone have a citation for this? While I have no idea, it seems against public policy to not have a wife be with her husband.

Please, don't give me an argument as I can certainly understand the issue. Give a citation.
 

BL

Senior Member
and this is america?
Read #5 reply by YAG.

Yes it's in America .

Parole is a privilege giving the offender a chance to live back into society " with conditions " , and to live Law Abiding.

Obviously the goal is to give the offender a second chance, and that the offender not hang around with " Undesirables ", to clean up their act.

If they do not like the conditions they can serve their time and when they are released have no restrictions ( unless they are sex offenders ) . Many prefer to do just that , don't clean up their act and re-offend.
 

CdwJava

Senior Member
Does anyone have a citation for this? While I have no idea, it seems against public policy to not have a wife be with her husband.

Please, don't give me an argument as I can certainly understand the issue. Give a citation.
I don't know where you can find a limitation for conditions of parole anywhere. I don't think I can give you a citation in CA that spells out what the conditions of parole may or may not include, and I have seen some pretty extreme things written in to parole conditions including prohibitions against contact with family and even children.

Now, if the parolee in question wishes to challenge the conditions, they are certainly free to do so. But, I doubt there is any particular code that grants or prohibits such a condition.

PA may have such a code ... I can't find it, but maybe it exists. If such a code exists, and it prohibits such a restriction, an attorney consultation should be able to resolve it pretty quickly.
 

tranquility

Senior Member
I've seen two arguments, both of which makes sense, but I have not seen a citation. My argument is society *likes* marriage. Contracts which try to prevent it seem void as against public policy. I can accept any citation which says a husband may not stay with is wife because of a parole condition.

However, it just seems wrong to me. Again, while I don't know the answer, I have read a lot of cases and this appears a bit beyond the pale. That government can do anything it wants as an argument really doesn't address the Constitutional issues.
 
i guess that if a parole board can make it so you cant be with you spouse then i take it a supreme court judge can FORCE a couple to marry against their will. also then if say your whole family (many siblings and your parents are all felons then you cant in reality have any family.

on another note i take it a judge can FORCE visitation on a ncp even if the ncp has no desire to want to see the child (children)?
 
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You’re missing the point. Parole is not a right it's a privilege, which comes with conditions. If you don't or can't except those conditions serve all of your time. Then when you’re released you can do whatever you want.:)
 
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