Can My Probation Officer Prohibit Me From Seeing My Boyfriend?

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I live in Wyoming and I am having a problem with my probation officer and some things she is doing that I do not think are legal. She is telling me that my boyfriend of 7 years is no longer an approved visitor, but at the same time she is telling me that I have to move out of my house and break my lease. We have been together for 7 years and we want to go get married. Can she send me to prison for marrying him and is it legal for her to make me break my lease? There are some other aspects to it but it is a little confusing. Also I have been doing exactly what I am supposed to. I work, go to school, go to groups, and I go to AA and much more. Also she is trying to force him to go to counseling when he is not on any kind of paper whatsoever. I am on probation for a felony for stabbing my brother. My boyfriend has a past felony from 14 years ago for robbery. I am on intensive supervised probation. My mom is also on the lease and she wants me to move because she does not want me around my man of 7 years. What are my options?

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

Your probation officer has a duty to ensure that you are following your court orders. She also has the duty to encourage you to take actions that could improve your situation. If either associating with your boyfriend or living in your current residence violate your court orders, she can require you to take action to correct the violations. A lot of probation orders prohibit you from associating with harmful or disreputable people. Your boyfriend’s felony conviction may be enough for your probation officer to determine that he fits this category. Her request for his attending counseling may be how she is trying to make sure he is not derailing your probation. She cannot compel him to go to counseling, and she cannot prevent you from marrying him, but she can determine that associating with him and marrying him is a violation of your probation. Which means you could have your probation revoked and have to serve prison time. Only your judge can amend your orders; your probation officer can only enforce the orders.

You don’t provide many details regarding your lease. Are you currently living with your boyfriend? If so, she can require one or both of you to leave or determine you are violating your orders. She can similarly require you to leave if she believes that the location or other residents place you in danger of violating your probation. Basically, your probation officer has broad discretion to determine whether you are following the orders of the judge that sentenced you.

If you think your probation officer is abusing her discretion, you can speak with her directly to try and explain why your boyfriend and your house are not derailing your probation. You can also speak with your attorney and the two of you can try to petition the court to change your probation orders.



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Author: House Attorney