Husband arrested for DV against wife, pled to disorderly conduct misdemeanor, now parole wants to stipulate no contac between wife and husband
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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 15 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.
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