Husband arrested for DV against wife, pled to disorderly conduct misdemeanor, now parole wants to stipulate no contac between wife and husband

Get Legal Help Today

 Secured with SHA-256 Encryption

Husband arrested for DV against wife, pled to disorderly conduct misdemeanor, now parole wants to stipulate no contac between wife and husband

My husband was charged with DV against me, I recanted (DA did not accept), my husband pled to a misdemeanor disorderly conduct fighting in public. He was on parole at the time, and was revocated, now he is being released July 7th and parole is stipulating no contact with me, I don’t want this, how can we fight this? They are evn threatening that if I pick him up from the prison he will be arrested on the spot. please help.

Asked on June 8, 2009 under Criminal Law, Colorado

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I think you are going to have to get a lawyer to fight this.  Parole boards typically have a lot of freedom to do what they think is right, but that doesn't mean they are always right.  One place to find an attorney is our website, http://attorneypages.com

I'm not a Colorado lawyer, and I don't have all of the facts of your case. It's a very unusual situation.  The Bill of Rights, specifically the Eighth Amendment to the U.S. Constitution, bans "cruel and unusual punishment," and it might be possible to argue that where there is no DV restraining order, and you don't have any criminal record yourself, that this parole condition violates your husband's civil rights, and perhaps yours as well.

If you need the protection of a Domestic Violence restraining order, don't hesitate to call the police and ask for one.  But if you are only using the DV law out of anger, to get even, you need to think twice, because once you start the process, it can be very hard to stop, and it usually changes people's lives forever.


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 with SHA-256 Encryption