I was recently violated for having contact with my child's mother who is my fiancé. I was on parole and she was on a misdemeanor probation. She served out her time in county jail and no longer is on probation and has no pending charges. Can they actually stop me from my constitutional rights of pursuit of happiness and freedom of religion. We have been raising a family together before all of this and we have another child on the way. My whole motivation in life is based off my family values. We intend to be married before this child is born and I have felt bullied by my parole officer.
Yes. Once you commit crimes against the state, your constitutional rights are imposed upon. Take, for example, the freedom of movement. This would also include the freedom to associate with who you want while you are on probation. Most people who have parole officers feel "bullied" when they lose sight of the fact that their other option is back behind bars.
The comments listed here are of a general nature and are not offered to create a formal attorney-client relationship -- that is, I am not, and I cannot give you legal advice here. I am Iowa licensed and, to become your attorney, I need to understand the particular facts and circumstances of your legal question and most likely meet you face to face.
Yes, your parole officer can stop you from being with your fiancee.
Your parole officer can restrict your ability to interact with practically anyone and you have very limited recourse. You might ask your parole officer if s/he is willing to have a conversation with you about whether they'd be willing to reconsider or, failing that, what the best way you can support your fiancee and family is until you're permitted to have contact again. If you already have children together, find out if there's a way you can arrange to see your children, even if you can't see their mother. If this child will be your first, you could ask if an exception could be made for you to be present at the delivery or to meet your child after birth. I don't promise that your officer will say that this is okay, but it doesn't hurt to (calmly and respectfully) ask.
You could also look into what the procedures are for requesting a different parole officer in your jurisdiction if you feel like what's being done is capricious and unreasonable, but I wouldn't hold my breath -- my guess is that even if you were able to get a new officer, the new officer would continue on with the recommendations of your original officer.
Remember that you won't be able to be there for your fiancee or child if you're in jail. Focus on doing what needs done to get you through probation. In your position, if I wasn't able to interact with my pregnant partner, I'd do my best to pick up another job in my off-hours and put all my free time toward making sure I have the most stable home possible to offer my family when I was able to see them again. I'm sure what you (and she) are going through right now really sucks, but do your best to take advantage of this time to do the best you can for you and for your family.
I'm sorry you're going through this. Hang in there and good luck!
Yes, they can.
If this is important to you let your parole officer know, BUT do what they say! That's going to be your fastest way of getting done with parole.
Your officer may be willing to change their mind if: (1) they see you doing well on parole, (2) are following their instructions, and (3) know that your family is important to you.
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