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  1. #1

    Default Changing Terms of Probation Orders in California

    Hi! My ex-husband was recently released for an offense that has left him a registered sex offender. The crime was committed against a 15 year old girl. He has successfully modified his probation terms TWICE to allow being around other children. The terms got modified so he may be around boys but not girls.

    We are currently in a family law case for custody where the judge has ordered only supervised visits with our children and no overnights.

    I need to verify what he is saying is true, but he says he can have kids (other boys, including our children as well pending the outcome of our case) over to his house without another adult present. Yet, I've spoken to his probation officer recently about a separate issue to find out he isn't permitted to be at any parks, with or without our two sons.

    I have several questions:
    • Is it possible for me to request a modification for his probation?
    • Or is he the only one that can modify his own probation?
    • Once a judge orders a modification, can it be reversed?
    • Do you know if a family law judge can made an order that superscedes the modification?


    I'm going to be contacting his probation officer again to verify the truth to his claims but I'm also curious if it is true, what can be done to modify the orders again?

    Thanks!

  2. #2
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    Default Re: Changing Terms of Probation Orders in California

    1. If the probation officer will talk to you, you can ask for whatever you want. But the probation officer doesn't have to talk to you or listen to you. You're not your ex-husband's lawyer.

    2. If he wants to modify his probation, he (or his lawyer) can talk to his probation officer or bring a motion in court.

    3. Normally, "reversal" will follow fro a probation violation - and he'll have more serious things to worry about (such as jail or prison) than whether or not he's allowed to hang out in a park.

    4. No matter what the family court orders, he remains subject to the terms and conditions of his probation.

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