Can I be denied visitation to my husband in prison?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can I be denied visitation to my husband in prison?

I used to work at a prison, after I
quit, I started communicating with
an inmate. He was moved to another
prison where we got married. He is
now being moved back to the prison
I worked at. Can they deny me
visitation.

Asked on June 8, 2018 under Criminal Law, Hawaii

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

There is no constitutional right to visit an inmate; this is true even for a spouse. If such a visit would pose a risk to security or be otherwise disruptive then the prisoner would lose their visitation priviledge, which is just that - a priviledge and not a right.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Yes, you can be denied visitation. There is no Constitutional or otherwise inherent right to visit a prisoner, even a spouse. If they deem that the visit would be disruptive or pose a security risk, or if your husband does anything that loses him the privilege of a spousal visit, they can refuse to allow you to visit him.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption