If someone is on probation for a felony and they do not abide by a divorce decree, is this a probation violation?
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If someone is on probation for a felony and they do not abide by a divorce decree, is this a probation violation?
Wife, on probation for a felony, lives with the child. Her ex-husband lives out of state. Wife’s felony and probation happened in her staste of residence, as well as the divorce. She is refusing to turn the child over as the divorce states. Is this a violation of her probation even though it is civil? What is the next move?
Asked on June 17, 2012 under Family Law, Iowa
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
A divorce decree is a civil matter but a contempt charge on the divorce decree may become more serious. You should speak with an attorney immediately if the ex has failed to return your child to you and she is already on probation for a felonious crime.
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