Families of SOs Community Group
WE HAVE MOVED!!! ............................. ............................... ......................... ............................ ............................. .......................... HERE: http://support-for-families.boards.net ............. ................ ............... ................ ............................... .................Please create a profile...
As I had posted the other day, my husband was sentenced last Friday in Federal court on possession of CP. I was reading through his restrictions that he will have on supervised release once he gets out of prison and I have a question on one of the restrictions and wanted to get opinions from those who may have a general idea about this. The restriction reads as ...
The defendant shall not be allowed to reside in the home, residence, or be in the company of any child under the age of 18 without the prior approval of the US Probation Officer
Now I know my husband's lawyer specifically asked the judge after he stated this restriction in court that our children were exempt from this restriction and the judge said yes, this did not apply to our own children. However, it does not specifically state this in writing. Will this be a problem when my husband gets out, if so, is there anything I can do to get it in writing so it isn't a problem or is it just something we just have to wait and see when he gets released in 4 years to see what happens?
The defendant shall not be allowed to reside in the home, residence, or be in the company of any child under the age of 18 without the prior approval of the US Probation Officer
Now I know my husband's lawyer specifically asked the judge after he stated this restriction in court that our children were exempt from this restriction and the judge said yes, this did not apply to our own children. However, it does not specifically state this in writing. Will this be a problem when my husband gets out, if so, is there anything I can do to get it in writing so it isn't a problem or is it just something we just have to wait and see when he gets released in 4 years to see what happens?
If the judge said he could live in the house with his own children, you may have to get the judge to put it in writing; however, I cannot imagine under even the most extreme circumstances that his PO would refuse him to live with his own children. In fact, off the top of my head I am not sure, but I think there has been a couple of court ruling which states the defendant cannot be precluded from living with his own children UNLESS that child was the victim of the crime.
If the judge agreed, but he did not write it down, then as OneofThem said, it did not really happen. In that case, I would have your attorney file a motion and ask the judge to put it in the form of a court order IF your PO gives you a problem about it----which I doubt he will.
But your husband's PO will have a lot to say in the matter of your husbands paper time. Of course, he cannot overrule a judges ruling or a court order.
I do not foresee that you will have a problem with this, but it never hurts to be careful and cover all bases.
I cannot imagine a situation in which your husband could not live in the same residence as your children.
rewdiazepam
ndmarie - I would get it in writing because if it isn't written where can you go to it and say to the PO look the judge said this. Not written no proof that he said it. I would have it written out while it is fresh in the judges mind. If you wait for 4 years and have a problem with your husband living with his children it is going to be much harder to get the proof from the judge if it wasn't written down in the first place. Judge probably won't remember or what if that judge isn't around 4 years from now.
Good luck and let us know what you find out.
Once you have that and know what it says exactly. You may be able to get the PO to comply, otherwise you may need to write a letter to the judge to ask him to reiterate the same. Otherwise there are administrative remedies within the DOC so when an offender disagrees with an Agent they can file an appeal to their decision. I haven't seen one yet without some process like this. Usually if it escalates far enough it will end up back in the sentencing court for the judge to decide on anyway.