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  1. #1
    Join Date
    May 2010
    Posts
    3

    Default Probation Prohibits Contact With Defendant's Own Child

    My question involves criminal law for the state of: Illinois

    My Stepdad gets out of prison on probation in like 35 days. My little brother who is 5 years old has not seen his dad in 2 years because of prison and is really excited about seeing him. He is in prison due to a dui conviction. Anyways, my mother got a call from a probation officer saying how my stepdad cant see his son for 3 years (No contact at all). So that means he has to relocate to a new address. The officer says if she spots him even in the childrens aisle at walmart or if he gets caught with any pictures drawn by his son he gets sent to jail. He cant even get him anything for his birthday. My stepdad is basicly on his deathbed and aint predicted to live longer than a year due to cancer and the officer told my mother he can just die in prison for all she cares. And he cant even see him on his deathbed. My little brother who is excited about seeing his daddy for his birthday, now will not ever see him again. Now is this completely rediculous or am i just insane. A DUI conviction and these stipulations. My stepdad just wants to see his family before he passes and cant do that. Hows that for closure. The probation officer is cold and heartless. Is there any guidelines on what there stipulations can even be? Can someone please help?

  2. #2

    Default Re: Probation Question:

    Did his conviction in any way involve a child? I could understand the conditions if his DUI included child endangerment or abuse, or even if the conviction included domestic violence. Did they give reasons for these conditions, or is there someone else that you can call within the probation dept to clarify? If not, it might be worth a no/low cost consult with an atty in your area to get some additional answers. (Might I ask why no visits in two years? Even in prison, you can take a child to see a parent or other relative.)

  3. #3
    Join Date
    May 2010
    Posts
    3

    Default Re: Probation Question:

    no conviction did not involve a child. No child was involved he was off drinking in another county with a friend of his. No domestic violence at all. Will check on the clarification with my mother. And thanks for the attorney advise. He and my mom have had problems in the past and he has not always been home alot. So with his cancer its really a miracle he might make it out of prison alive. He just wanted to put good memories in my little brothers head before he passes. Thats the overall goal of our family mainly to help him emotionally, hes a wreck. Poor little guy. And as far as the visitation we thought as a family he wouldnt do well going into a prison at his age. He wouldnt understand. Hed probably break down. Thanks for the reply.

  4. #4

    Default Re: Probation Prohibits Contact With Defendant's Own Child

    Start with mom... see if she requested this. I agree, little man should be first priority here, but honestly, if mom is the catalyst, that may be difficult. It sounds like you honestly like your step father, and that may be a factor in this whole thing. Talk to mom first, perhaps try the PO on your brothers behalf, and consult an atty as necessary. I truly hope that things work out for all involved.

  5. #5
    Join Date
    May 2010
    Posts
    3

    Default Re: Probation Prohibits Contact With Defendant's Own Child

    Thank you for all your help so urgently Mamabear. Take care

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