Can my probation officer deny me a transfer to another state to be with my husband?

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Can my probation officer deny me a transfer to another state to be with my husband?

I am on probation in OHan I am getting married. My boyfriend jus recently moved to CA, and he is coming back to OH for a week so we can get married.  I want to move there with him. He has a job, his own place to live, and I will be working as a house cleaner. My probation officer will not transfer my probation.Is this allowedd?

Asked on September 15, 2010 under Criminal Law, Ohio

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The stronger the case that you can make to your PO regarding your move the better.  Ask your PO what your state's requirments are for moving (get them in writing); then show your PO that you have met them.  For example, inform them that you have a place to live, a job lined up, etc. (and have proof).  This should make things easier for you. If not, then you'll probably have to stay where you are - no matter where your future husband may live. Technically, if your original probation officer does not want to give you authorization to transfer to another state, you may appeal the decision with the judge who presided over your trial. However judges typically rule on the side of the probation officer in these matters, unless you can show that the decision places you at extreme hardship. Still it's worth a try. You'll then have to demonstrate to the judge that all state requirements for transfer have been met. So have all of your proof and backup documentation with you (neat and organized) when you go to court.

Note: You should be aware that transferring probation from one state to another also requires the agreement of the receiving state. This means that the state that you want to move to must agree to accept you and put you on probation there.


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