Parole, Probation Husband's special conditions of parole violate my rights

[LHolleman97]

This is my first post so I'll try to be as brief & informative as possible. My husband was convicted of a 273.5 (a) by jury in 2001, sentenced to 6 yrs and was released in March 2005. In Sept 2004 I was contacted by the parole department & advised that he would not be allowed to reside with me at which time I explained I never requested this. From Sept 2004 until March 2005 I wrote letters to Sacramento requesting this be changed & the only thing that became of it was for them to change it to a no-contact condition of his parole.
Since I am the "victim" in this case it's my understanding that only upon my request would they be able to prohibit him from contacting me. Also, it's my understanding that by this government agency interfering with our marriage and family unit (we have 4 children), they are actually violating my Fourteenth Amendment Rights.
My husband is now back in custody because he was found at our apartment. He received 6 months & this time I want him to come home. He can't truly be rehabilitated without a home, they want him to live in a homeless shelter, & in order for him to succeed he needs the right tools & his family to support him.
I guess what I'd like to know is if I am reading the law correctly or am I missing something? I have found nothing in the California Penal Code 2005 that states that the government can keep a husband & wife from residing together & several things that state that my rights are being violated. If I can I will contact the state Attorney General but I want to know that I'm right before looking like a total fool.

Any help or advice is much appreciated.

 

[iwannahelpu]

heya

Help me understand what his original conviction was for. If it had anything to do with children(molestation, kidnapping, murdrer etc.) it may justify the courts reluctance to send him into an environment with kids (even his own).

Please provide more details of the case.

 

[Michael Wechsler]

This is my first post so I'll try to be as brief & informative as possible. My husband was convicted of a 273.5 (a) by jury in 2001, sentenced to 6 yrs and was released in March 2005. In Sept 2004 I was contacted by the parole department & advised that he would not be allowed to reside with me at which time I explained I never requested this. From Sept 2004 until March 2005 I wrote letters to Sacramento requesting this be changed & the only thing that became of it was for them to change it to a no-contact condition of his parole.
Since I am the "victim" in this case it's my understanding that only upon my request would they be able to prohibit him from contacting me. Also, it's my understanding that by this government agency interfering with our marriage and family unit (we have 4 children), they are actually violating my Fourteenth Amendment Rights.
My husband is now back in custody because he was found at our apartment. He received 6 months & this time I want him to come home. He can't truly be rehabilitated without a home, they want him to live in a homeless shelter, & in order for him to succeed he needs the right tools & his family to support him.
I guess what I'd like to know is if I am reading the law correctly or am I missing something? I have found nothing in the California Penal Code 2005 that states that the government can keep a husband & wife from residing together & several things that state that my rights are being violated. If I can I will contact the state Attorney General but I want to know that I'm right before looking like a total fool.

Any help or advice is much appreciated.

Here is the code, to begin:

California Penal Code Section 273.5

Any person who willfully inflicts upon a person who is his or her spouse, former spouse, cohabitant, former cohabitant, or the mother or father of his or her child, corporal injury resulting in a traumatic condition, is guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not more than one year, or by a fine of up to six thousand dollars ($6,000) or by both that fine and imprisonment.

 

[Michael Wechsler]

I'm sorry to hear about your difficult situation. Six years is a pretty hefty punishment I would think. I don't know what the crime was for. It seems that he was let out early and was a parolee and perhaps must stay away from you for part of the time in order to complete the terms of his release.

Let me ask you this - why are people throwing him back in jail for violating this order. In most cases I don't find people acting irrationally and completely contrary to the nature of family and without reason for offense. Is law enforcement genuinely concerned for your welfare? Do they believe that you have/are suffered/ing from battered wife syndrome? Provide us with more details as to what is going on here. From what I can see, your rights are governed by the terms of his early release on parole. If you don't agree with them, then he can serve out the rest of his sentence without parole and then return to you when he's done. I'm not trying to be harsh, just explain to you that parole is not equivalent to a full release for the crime. It's supervised early release based upon factors like good behavior and the belief that a person may be rehabilitated and prove it with their parole behavior. Is there a right ultimately? I don't know for sure but it certainly seems that the people you need to convince aren't convinced to permit this and I'd like to know more about why before we can discuss this further.