Can a probation officer deny a felon the right to marry while still on probation?
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Can a probation officer deny a felon the right to marry while still on probation?
After getting charged with burglary and serving the sentence,
while still on probation, does the probation officer have the
right to deny the felon from getting married?
Asked on June 29, 2016 under Criminal Law, Wisconsin
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Unless the court has imposed some type of marriage restriction as a condition of your probation, then they cannot strait up deny you the right to marry someone. All conditions of probation have to be somehow related and necessary to the offense rehab or probation.
As a general rule, a probation officer can prohibit defendants from being around individuals "of disreputable character." If your probation officer has determined that the person you are marrying is of bad character, they can prohibit that contact.... not necessarily the marriage... but certainly the conduct while you are still on probation.
However, their finding is not absolute. This means that if you feel the restriction has been imposed unreasonably, then you can petition the court for a modification of the conditions of your probation.
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