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Half Way House over Home

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#1
What is the name of your state? Idaho
My husband and I were married in 2017 while he was in prison on drug charges. He also has Domestic Violence charges from back in 2011 when he and his now ex-wife were getting divorced. With the terms of his parole from the DV charges he signed a paper stating he would follow his PO's rules and guidelines while on parole. One of those rules was no contact with women for a full year, he would complete a DV class and not drink or use drugs. I am sure there were other things, but these are the most important. Just a reminder this was from back in 2011. He got new charges in 2017 for drug posession, which also caused a Parole Violation. He has plead guilty and done a rider for his new charges and was "released" back in August 2018. Unfortunately the parole board denighed him an earlier hearing and goes before the board tomorrow. Here is where my question comes in......we were told that he would have to move into a halfway house and not be allowed to be at home with me and my two boys teenagers). They want my income, because he does not have a job yet, to support two house holds. Does a PO actually have the right to keep a married couple apart from one another? What happened to the 14th Amendment?
 


quincy

Senior Member
#3
What is the name of your state? Idaho
My husband and I were married in 2017 while he was in prison on drug charges. He also has Domestic Violence charges from back in 2011 when he and his now ex-wife were getting divorced. With the terms of his parole from the DV charges he signed a paper stating he would follow his PO's rules and guidelines while on parole. One of those rules was no contact with women for a full year, he would complete a DV class and not drink or use drugs. I am sure there were other things, but these are the most important. Just a reminder this was from back in 2011. He got new charges in 2017 for drug posession, which also caused a Parole Violation. He has plead guilty and done a rider for his new charges and was "released" back in August 2018. Unfortunately the parole board denighed him an earlier hearing and goes before the board tomorrow. Here is where my question comes in......we were told that he would have to move into a halfway house and not be allowed to be at home with me and my two boys teenagers). They want my income, because he does not have a job yet, to support two house holds. Does a PO actually have the right to keep a married couple apart from one another? What happened to the 14th Amendment?
Yes. The parole board can set conditions for parole that include a requirement that a married couple has no contact with each other.

If your husband believes the restrictions set for his parole are too onerous, he can try to get them relaxed - or he can return to prison to serve out the rest of his sentence behind bars.
 

Just Blue

Senior Member
#4
What is the name of your state? Idaho
My husband and I were married in 2017 while he was in prison on drug charges. He also has Domestic Violence charges from back in 2011 when he and his now ex-wife were getting divorced. With the terms of his parole from the DV charges he signed a paper stating he would follow his PO's rules and guidelines while on parole. One of those rules was no contact with women for a full year, he would complete a DV class and not drink or use drugs. I am sure there were other things, but these are the most important. Just a reminder this was from back in 2011. He got new charges in 2017 for drug posession, which also caused a Parole Violation. He has plead guilty and done a rider for his new charges and was "released" back in August 2018. Unfortunately the parole board denighed him an earlier hearing and goes before the board tomorrow. Here is where my question comes in......we were told that he would have to move into a halfway house and not be allowed to be at home with me and my two boys teenagers). They want my income, because he does not have a job yet, to support two house holds. Does a PO actually have the right to keep a married couple apart from one another? What happened to the 14th Amendment?
Yes. A PO can keep a married couple apart. Your hubby can always go back to prison and serve out his full term. Then he won't be on parole upon release.
 

not2cleverRed

Obvious Observer
#6
1) It is unclear what you mean by your reference to the 14th amendment. He has had due process - that's how he got in prison in the first place.

2) Does a PO have the "right" to keep a married couple apart? No: the PO has the ability. The PO has been vested with the responsibility of keeping track of the parolee, and send the parolee back to prison should parole be broken.

3) Because your husband's conviction was drug related, a halfway house is a good first step. It is a low stress environment where he can be sober and gradually earn greater freedoms. While I am sure that your 2 sons are angels, many teens are capable of tempting sober adults to consider the merits of a stiff drink or Valium (or as the Rolling Stones called it, "Mother's Little Helper"). The PO is looking out for your husband's best interests.
 
#7
Confused about the timeline.
Your husband was on parole in 2011 and the parole had the 'keep away from women for 1 year' clause, so that's over now as it's been 7 or 8 years.
He then got charged with another drug offense in 2017 and a parole violation. This would indicate that sometime between 2011 and 2017 he was put on probation again. What was he arrested and jailed for that time or am I reading it wrong?
 
#8
Confused about the timeline.
Your husband was on parole in 2011 and the parole had the 'keep away from women for 1 year' clause, so that's over now as it's been 7 or 8 years.
He then got charged with another drug offense in 2017 and a parole violation. This would indicate that sometime between 2011 and 2017 he was put on probation again. What was he arrested and jailed for that time or am I reading it wrong?
He was in prison on domestic violence charges in 2011. He was on parole in 2017 when he was arrested on drug charges, which was a violation of his parole on the domestic violence conviction.
 
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