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Can someone charged with 3rd degree cruelty to children, have contact with the child while on probation?

Commerce, GA |

My mom's boyfriend was charged with Aggravated Assault w/ the use of a deadly weapon (for shooting at my mom in front of her grand-daughter), and 3rd degree cruelty to children and reckless conduct. He is still in jail now, but is getting out soon and plans to move back in with my mom who has custody of my neice (her grand-child). I have tried to talk her out of it, but she is planning on it anyways. Can this happen? Can he be allowed back with the child in the home after this charge??

Attorney Answers 2


  1. That would depend on the conditions attached to the probation. If the sentence allows contact, usually termed "no violent or harassing contact" then, yes so long as your mom permits the contact. However, if the sentence prohibits contact, usually termed "no contact, direct or indirect", then it would be a violation of the terms and conditions of probation. The sentence may actually prohibit the probationer to return to the incident location (usually termed "Do not return") for the duration of the probation. I recommend you get a copy of the sentence in the case. This document should be available for minimal cost at the Office of the Clerk of Court. If the sentence allows contact, the ball is in mom's court. If the sentence prohibits contact or return and the probationer has contact or returns to the incident location, then a call to his probation officer should trigger a violation. REMEMBER: Even if contact or return is prohibited as a condition of probation, this prohibition ends when probation is terminated or the case is otherwise closed. Hope this helps.

    This posting is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.


  2. I agree with the previous response, the answer depends upon the conditions of his probation which are contained on the sentence sheet. If the sentence prohibits any contact than he cannot move in with her or the child. If the sentence says "no violent contact" than he could move in but would be subject to being arrested because of a new incident.

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