What to do if my husband’s PO is imposing additional restrictions not contained in his release agreement?

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What to do if my husband’s PO is imposing additional restrictions not contained in his release agreement?

My husband was convicted of a misdemeanor harassment charge. He did 6 months in jail, he was released today and the probation officer said he will not be allowed to live or have any contact (even supervised) with me or his 3 children. There was nothing put in his release agreement saying that he would not be able to have any contact with us, so can she do that? The only thing the release agreement says is that he can’t have any contact with the girl he harassed, which is understandable. When my husband took the plea bargain he asked the judge specifically if he would be able to go home to his wife and kids, and she said that she had no problem with that. What should we do?

Asked on August 15, 2011 Oregon

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Contact his old attorney and tell him or her know what is going on.  If he did not have an attorney now is the time to get one.  If this was not a condition of his sentence or his probation when the plea bargain was entered in to then he needs to fight the restriction that she is attempting to place on him now.  He really should speak with an attorney.  Trying to do this alone would not be in his best interest.  I hope that the other Judge stated her "consent" so to speak, on the record.  You may need to get a copy and indicate that it was the basis of the bargain - the plea. 


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