Assault & Battery Parole and Domestic Violence Policy

[ermine]

My husband will be getting out of prison in 90 days.
He will then be on parole for 2 years.
I was told just last week by parole that he will not be able to come to live with me since he has a previous domestic violence issue.

This issue was not the reason for his incarceration
This issue was not against me
I have no criminal history
I live in a residential nice neighborhood
I am drug free
There are no guns in the house or dogs
I am the logical choice for my husband to be released from prison to.

However Parole has a domestic violence policy which says that if you have any domestic violence in your past you cannot go home to a wife or girlfriend after prison. At the minimum he will not be able to reside with me for a period of 1 year post release.

I feel my rights are being violated needless to say my dreams have been shattered

I understand from reading that I can file an article 78 and try to get this reversed
Is this something you can think I can win at?
Is this hard to do?
and where can I get information on how to do this if it is recommended
Having a husband in prison for the past years should indicate I do not have money to afford an attorney is this something I can do myself?

 

[army judge]

My husband will be getting out of prison in 90 days.
He will then be on parole for 2 years.
I was told just last week by parole that he will not be able to come to live with me since he has a previous domestic violence issue.

This issue was not the reason for his incarceration
This issue was not against me
I have no criminal history
I live in a residential nice neighborhood
I am drug free
There are no guns in the house or dogs
I am the logical choice for my husband to be released from prison to.

However Parole has a domestic violence policy which says that if you have any domestic violence in your past you cannot go home to a wife or girlfriend after prison. At the minimum he will not be able to reside with me for a period of 1 year post release.

I feel my rights are being violated needless to say my dreams have been shattered

I understand from reading that I can file an article 78 and try to get this reversed
Is this something you can think I can win at?
Is this hard to do?
and where can I get information on how to do this if it is recommended
Having a husband in prison for the past years should indicate I do not have money to afford an attorney is this something I can do myself?

You have many rights, he doesn't.
He's a parole, which is a privilege.
You can try to convince the parole authorities that him living with you wouldn't put you at risk.
It has been done before.
The parole officials are reluctant to allow what you wish, because others similarly situated have been hurt or killed.
Will that happen to you?
Who knows?
Hence, their policy on him living apart from you because of his history.
I wouldn't be pushy, prison and corrections authorities don't take kindly to "you will do", rather they are somewhat more amenable to "will you PLEASE do"!

Finally, sure you can do this without an attorney.
Others have done similar things.
Ask him to help you through the process.
Don't expect miracles, however.
In fact, they might make him live apart for a few weeks until they decide.
But, if you're TOO pushy, they might PUSH back.
Always be nice, because they have the power to allow you what you want!

 

[ermine]

You have many rights, he doesn't.
He's a parole, which is a privilege.
You can try to convince the parole authorities that him living with you wouldn't put you at risk.
It has been done before.
The parole officials are reluctant to allow what you wish, because others similarly situated have been hurt or killed.
Will that happen to you?
Who knows?
Hence, their policy on him living apart from you because of his history.
I wouldn't be pushy, prison and corrections authorities don't take kindly to "you will do", rather they are somewhat more amenable to "will you PLEASE do"!

Finally, sure you can do this without an attorney.
Others have done similar things.
Ask him to help you through the process.
Don't expect miracles, however.
In fact, they might make him live apart for a few weeks until they decide.
But, if you're TOO pushy, they might PUSH back.
Always be nice, because they have the power to allow you what you want!

---
I have been dealing with corrections for quite sometime so I know how dealing with NYS agencies can be.
I did write a letter to Parole and mailed it yesterday stating I am a good women - free of crime, drugs etc. and hopefully they will get back to me.

Thank you for your input. I will try the article 78 - isn't there instructions anyplace on the net?

Does the state of NY pick up the tab for his living expenses now he wont be with me?

I honestly feel I am being victimized by parole. This has totally shattered me.

 

[bluemann33]

---
I have been dealing with corrections for quite sometime so I know how dealing with NYS agencies can be.
I did write a letter to Parole and mailed it yesterday stating I am a good women - free of crime, drugs etc. and hopefully they will get back to me.

Thank you for your input. I will try the article 78 - isn't there instructions anyplace on the net?

Does the state of NY pick up the tab for his living expenses now he wont be with me?

I honestly feel I am being victimized by parole. This has totally shattered me.

The state will not pick up the tab for his living expenses. You can go to the courthouse and ask about the article 78 or maybe call a local attorney to see how to get that started. Remember that thousands of people are paroled every year and the parole board are doing what they are doing based on facts. Not saying your husband would be one of the ones that violate his parole but alot do. Be thankful that he is getting released and has a chance to prove to the state that he is going to live by the rules they impose on him. Good luck.

 

[ermine]

The state will not pick up the tab for his living expenses. You can go to the courthouse and ask about the article 78 or maybe call a local attorney to see how to get that started. Remember that thousands of people are paroled every year and the parole board are doing what they are doing based on facts. Not saying your husband would be one of the ones that violate his parole but alot do. Be thankful that he is getting released and has a chance to prove to the state that he is going to live by the rules they impose on him. Good luck.

The state will be picking up his living expenses he plans on continuing to stay in prison instead of coming home. If he cant live in our home. Parole and corrections want to keep their jobs and by putting men with histories of extreme drug dependency back on the streets only make the revolving door all that much easier for my husband to go back to prison so he might as well stay there off drugs.

I got the final word yesterday he will not be living with me. I am extremely distraught over this decision. I feel very punished by this. I do not have health insurance which covers mental health. NY Parole has hit me over the head with this decision and I feel as though that have abused me mentally. The man from parole told me well you can live together in a year if your still together. Thats a positive thought on paroles part. Now they have doomed my marriage

But moving onward we need to file an article 78 - can anyone point me to an example of one? I have instructions just not an example

 

[mightymoose]

The parole system has not caused you any trouble. Your husband brought all of this. There is nobody else to blame. These are the consequences of his actions.

 

[bluemann33]

The state will be picking up his living expenses he plans on continuing to stay in prison instead of coming home. If he cant live in our home. Parole and corrections want to keep their jobs and by putting men with histories of extreme drug dependency back on the streets only make the revolving door all that much easier for my husband to go back to prison so he might as well stay there off drugs.

I got the final word yesterday he will not be living with me. I am extremely distraught over this decision. I feel very punished by this. I do not have health insurance which covers mental health. NY Parole has hit me over the head with this decision and I feel as though that have abused me mentally. The man from parole told me well you can live together in a year if your still together. Thats a positive thought on paroles part. Now they have doomed my marriage



But moving onward we need to file an article 78 - can anyone point me to an example of one? I have instructions just not an example

So sorry things did not work out the way you guys had hoped. So basically he is just going to finish out his sentence? How long is that? and once he finishes his sentence will he then be allowed to live with you? Dont give up, the time will come when you 2 will be back together, I know it seems far away now but one day it will be here. Good luck to the both of you.

 

[ermine]

So sorry things did not work out the way you guys had hoped. So basically he is just going to finish out his sentence? How long is that? and once he finishes his sentence will he then be allowed to live with you? Dont give up, the time will come when you 2 will be back together, I know it seems far away now but one day it will be here. Good luck to the both of you.

We have discussed this idea that he will finish out his sentence in NYS prison reason being he can see me every weekend and we can have 2 overnight visits every few weeks. Interesting isn't it we can have more visits in prison than out of prison.

When requesting this Domestic Violence Policy for review - we have been denied two times and told we have to request it through NYS Parole Counsel. I am not certain why the people who enforce this policy do not have a copy.

Very negative world NYS parole is I am glad out new Governor has plans for merging NYS Corrections and Parole maybe one will know what the other is doing.

I did find an NYS article 78 sample and instructions here for anyone who is looking for it:
www3.law.columbia.edu/hrlr/JLM/Chapter_22.pdf
Page 30 is where the samples start

 

[RPaone]

Me and my husband are going through the same thing except he's been home 6 months and they already approved my address and are just now catching this. They called today and said he had until his curfew tonight to find somewhere else to live. I TOTALLY agree this is a violation of our rights!!! They even advised him to do to DSS for emergency housing like that would be a better environment for a parolee than at home with his wife where he wasn't bothering anybody! This is absurd! Thank you for the link for the article 78 Im going to start there and we are hiring a parole lawyer.

 

[army judge]

Smart move, RPone. But, until you prevail in court, he should do as he has been told. If he doesn't, he could be handcuffed, hauled away, and locked up for a few months or even a few days. When on parole, a parolee must ALWAYS do as his parole officer directs. If he refuses, he's making it easy to lose his privilege for parole. Until he's released off paper, they own him.

 

[mimi]

It kills me because my fiance will be released in 23 days and has to go to a shelter for domestic violence on his history "not what he is currently in prison for" and hello when charged with the domestic violence he surely paid the consequences for it now its a part of his past "never ever him or I ever had any domestic violence between us but nys parole says zero tolerence!!!! This is amazing and after waiting 2years for him to come home and now be told no he cant come home to me is a very emotional "a shattered dream" of having my family back together!!!! But yet I have a friend who met a guy in prison through her son when he was incarcerated and this man is not legal "cuban" has weapons charges....manslaughter....drugs and right now he is with immigration but will be getting released and parole allowed him to live with her!!!! she only visited this man while in prison has no clue what type of man this is outside of the prison but yet nys parole feels this is ok!!! are u kidding me me and my fiance have been together for five and a half yrs this was his address prior to going to prison but were being told no we cant live together!!!! Needless to say in our situation I agreed to leave our home so he could come here reasons being I have his twin son's whom I've took care of while their dad was away Im not their biological mom but I consider myself mom because Im doing it all and have been doing it for five and a half years but parole I guess has final say and they said shelter!!!!! someone please help me or give me some advise " all im doing is crying"

 

[army judge]

It kills me because my fiance will be released in 23 days and has to go to a shelter for domestic violence on his history "not what he is currently in prison for" and hello when charged with the domestic violence he surely paid the consequences for it now its a part of his past "never ever him or I ever had any domestic violence between us but nys parole says zero tolerence!!!! This is amazing and after waiting 2years for him to come home and now be told no he cant come home to me is a very emotional "a shattered dream" of having my family back together!!!! But yet I have a friend who met a guy in prison through her son when he was incarcerated and this man is not legal "cuban" has weapons charges....manslaughter....drugs and right now he is with immigration but will be getting released and parole allowed him to live with her!!!! she only visited this man while in prison has no clue what type of man this is outside of the prison but yet nys parole feels this is ok!!! are u kidding me me and my fiance have been together for five and a half yrs this was his address prior to going to prison but were being told no we cant live together!!!! Needless to say in our situation I agreed to leave our home so he could come here reasons being I have his twin son's whom I've took care of while their dad was away Im not their biological mom but I consider myself mom because Im doing it all and have been doing it for five and a half years but parole I guess has final say and they said shelter!!!!! someone please help me or give me some advise " all im doing is crying"

You said it best, the parole authority has final say.

Count your blessings and bide your time.

 

[guestpost]

i went through this a few years ago and needless to say it took a toll on our marriage i went to the attorney generals office and still the decision stood that my husband could not see me until he was off of parole. This was after the prison allowing me to visit and think that we would be able to start our lives over together what is an article 78. At this time he is free and we are able to go on however i think it is totally unjust to break up families. it seems to be a violation of our own religious freedom and human rights.
I truly hope that this can be changed and this system held accountable for the total destruction of family.

 

[Unregistered]

This is about to happen to me and I feel this is wrong

 

[Unregistered]

I look forward to rednaig your BLOG;I pull it up almost every day. Sometimes I think of a response to something you posted while going through my day but I just don't take the time to go back and leave a comment. I'll work on that! Have a great weekend. Love, Vera

 

[Unregistered]

What a joy to find such clear tihnikng. Thanks for posting!

 

[guestpost]

I'm going through the same thing and it's comforting to know more people who are like us. I'll try to find the Article 78 because I am in Texas. I guess this happens everywhere in the US.

 

[NYPARK]

How did your situation turn out?Mine I feel the worst possible and our child just made a year old.Is there any alternative like relocate and name change?

 

[toast]

Wait so since my husband is going to prison for violating probation with 4 felonys and he was put on probation for DV when he gets out they won't let him live with me even though the DV isn't what sent him to prison?

 

[army judge]

Wait so since my husband is going to prison for violating probation with 4 felonys and he was put on probation for DV when he gets out they won't let him live with me even though the DV isn't what sent him to prison?

If that's what you were told, it's true.
Until he's off paper, he'll also be barred from having any contact with you, too.