We have been planning our wedding for a few months now and have 5 days until our wedding. We have purchased our license and made an appointment with the judge at the courthouse. We are getting married on Valentines day so we do not want to postpone it. They reason they gave was because we just recently became homeless. We are working at resolving the situation and plan to do so very soon. They have known we have been dating with no problems for a year. My fiancé does not have a record and has been extremely supportive with all my probation rules. This is the first time I have ever been told I need to wait to get married. I have no stipulations in my conditions of probation that state I can not marry.
I think you are caught in quite the pickle there. There is no Idaho statute about this, and the closest thing to a court case involved a judge ordering a defendant not to continue his relationship with his wife, who was his co-defendant, and the defendant did not raise the issue properly in the trial court so there was no discussion by the Idaho Court of Appeals.
The terms and conditions of your probation are contained in your judgment of conviction or withheld judgment order, and in your probation agreement with P&P. One would need to review those documents to see what they might say about the power of your PO to regulate your relationships with other people.
My guess is the documents do not directly address this issue, and it might be left to your PO's ability to make rules to guide your probation. The terms and conditions of your probation need to relate to the purpose of probation, which is rehabilitation. Nothing you've posted indicates that regulating your relationship in this manner relates to rehabilitation, but maybe the PO thinks differently, and maybe he can articulate a really good argument on that - no way for me to know.
I think your PO is on shaky ground here, but I also think he probably has good reasons for suggesting this in the first place. Even if he lacks actual authority to do this, engaging in a power struggle with your PO is never a good idea.
What's the harm in waiting another year? It sounds like you are currently going through some struggles and maybe your PO just doesn't want you to have too much on your plate.
People usually do not get violated for a single thing. There is usually that last straw that beaks that dang camel's back and then P&P reports everything to the prosecutor's office. If you've had prior problems on probation and you fight your PO on this, maybe he chooses to report a PV. Since we don't know how your probation has gone, we can't know if he has that power.
This is intended for informational purposes only and should not be relied upon. Legal problems are very fact-specific and anyone with a legal problem should consult with an attorney.
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