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  1. #1
    Join Date
    Jan 2015
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    1

    Default Lifting a Restriction from a Probation Order

    My question involves criminal law for the state of: New York. My child's father was just released from prison after serving 8 years and before he went to prison we got into a domestic dispute and I was issued an restraining order which is null and void now but now that's he's released the parole restrictions states that he cannot have any contact with me and we have a daughter together. I want this restriction to be lifted so that we can be together without worrying. What can I do?

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Desperately Looking for Answers

    Was he in prison for beating the crap out of you?

  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Desperately Looking for Answers

    Quote Quoting Bsparks315
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    My question involves criminal law for the state of: New York. My child's father was just released from prison after serving 8 years and before he went to prison we got into a domestic dispute and I was issued an restraining order which is null and void now but now that's he's released the parole restrictions states that he cannot have any contact with me and we have a daughter together. I want this restriction to be lifted so that we can be together without worrying. What can I do?
    I suspect that since it is a term of his parole, you aren't going to be able to do much about getting it changed. I would think contacting his parole agent would likely be the best direction to investigate the matter though.


    If he went to prison for 8 years for a domestic violence charge (yes, I realize you did not say it was for DV but just tossing this out there), I would suspect it won't be lifted no matter how much you plead. 8 years is a long sentence for a DV crime and suggests a crime of such seriousness he may never be allowed contact with you, at least as long as he is under the courts purview.

  4. #4
    Join Date
    May 2011
    Location
    Illinois
    Posts
    1,376

    Default Re: Desperately Looking for Answers

    In order to make as many efforts to keep the offender from reoffending, certain impositions are put in place. Because there is a history of violence towards you, a very tumultuous adjustment phase for the inmate, stress in readjusting to finding a place in the world, financial struggles due to having to find work after being incarcerated for so long, restrictions of movement due to parole and a host of other things that often frustrates the parolee, you'll be hard pressed to find an oficer willing to remove this restriction. Plus, there is no proof that he has helped himself change the beliefs that he implemented in order to put his hands on you. I don't see it coming off.

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