Can the state keep me and my wife apart if we are both on probation

We are legally married with three
children and we are both on
probation. The courts and our
probation officers say we can’t
have any contact.

Asked on March 4, 2017 under Criminal Law, New Mexico


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The court can impose any conditions that are reasonably related to the purpose of the probation or the rehab of the underlying offense.  If they are imposing the condition, 'just because', that is not usually a justifiable condition of probation. If they are imposing the condition because they think that one of you will assault the other or that you will assist the other in the commission of an offense, then they may be able to make the condition stick. 
If you do not agree with the probation condition, then you need to file a motion to modify the condition and then appeal the decision to a higher appellate court if need be.

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