I am on 10 years shock probation for a improper relationship between student and educator charge. I have been in love with a man on probation for several years. Now that I am on probation they won't let me be with him. He is a registered sex offender from a charge when he was 13 and will be off registry in 3 years. What can we do?
I moved out of my original county where he was because probation was harassing us.
Criminal Defense Attorney
Are you kidding me? You are on shock probation - meaning that you were sent to prison then in an effort to "shock" you into recognizing the serious nature of your offense and then given an opportunity to continue to live freely, outside of prison, while paying your debt to society - and you want to do what your probation officer tells you that you cannot do??!! Do you realize that the majority of offenders who are put on probation for sex related offenses are revoked and sent to prison even when they are not testing the waters and pushing the bounds of their probations? Do you really want to get revoked and go to prison?
The judge sets the terms of your probation, or given leeway to the probation office to set some of the "usual" terms. A normal and expected term of probation is the a sex offender - which you are - is not allowed to associate with another sex offender - which he is. (In fact, every probation has a term that the probationer cannot associate with person of disreputable character. I would venture to guess that a sex offender, especially one who is still registering, would be considered to have a disreputable character.)
I would strongly urge you to talk with a private counselor - NOT A COUNTY counselor nor anyone related to your probation about your penchant to self destruct. I do not believe that any judge in Harris County would have any compassion for your prohibited relationship. (It was not but a couple of years ago that the board of pardons & paroles was prohibiting male sex offenders released on parole from seeing even their own children despite that their cases has nothing to do with young children in the first place.)
If you persist in the delusional thinking that you will be allowed to be with this person, then you should at least wait for the 3 years until he is off registry to attempt to get permission. I do not see how you can be in love with a man with whom you are not supposed to have contact, and how the relationship has continued.
Frankly, it is my guess that you will end up violating your probation in more than one way and end up back in prison. However, I hope that before you give up your freedom, you will seek independent counseling, think very hard about whether the return to prison is worth it, talk with your family and friends, and instead focus on the difficult terms of your probation so that you can successfully complete it and move on with your life.
There is nothing you can do to force the judge (or your p.o.) to allow you to have this prohibited relationship.
Although I have answered the question to try to help you, you should consult with a lawyer in your area in person on the matter. In addition, my answer does not establish an attorney-client relationship between us.
Criminal Defense Attorney
any association with someone with a criminal record can be a violation of your terms and conditions of probation. There is nothing you can do. If the Judge does not give you permission to be with him you can't.
Notice: The information contained herein is intended as general legal information and does not create an attorney-client relationship and is not governed by confidentiality rules. This general legal information is not a substitute for seeking the direct advice of legal counsel.