Can I legally marry my felon fiance while I’m on probation?

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Can I legally marry my felon fiance while I’m on probation?

I am on felony probation. My fiance and I want to get married; we have been together for 4 years. Will I get violated for marrying him? How can they tell me who to marry?His felony was 6 years ago and he hasn’t been in trouble since then.

Asked on April 19, 2012 under Criminal Law, Texas

Answers:

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

Answered 9 years ago | Contributor

Many probation conditions have a condition that reads something like "do not be around persons of disreputable character."  This is usually defined as anyone who has been convicted of a felony offense. Courts are legally allowed to impose this condition under the theory that if you hang out with other people who have committed crimes, that there may be a temptation to commit more crimes-- or you could get drawn into another bad situation.   Many probation departments make exceptions for family members.  So, the answer to your question will depend on what your conditions say and whether or not the judge or probation department will grant you an exception.  Visit with your probation officer and get a feel for their position. Another option is to try to get off probation early.  You mention that you've been on probation for 4 years (considering a max probation if 10 years, you've done quite a bit of your probation).  Depending on how well you've done, you may be able to apply for early discharge.  This may be a safer and easier route to take so that you are no longer subject to any confining rules.


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