Legal Question in Criminal Law in North Carolina

probation problems

My husband & I are both under probation. His probation officer continues to gives us problems about us moving in with one another. She says that we have to wait atleast 6 months before we can live together. Is there a law stating that a legally married couple has to wait 6 mos. to a year prior to their relase from prison?

Asked on 10/23/06, 3:30 pm

1 Answer from Attorneys

Fred Kaufman Fredrick S. Kaufman, Esquire

Re: probation problems

No but your probation officer runs the show. They have authority from the Court to set the terms and conditions of your release. If they dictate a certain lifestyle (within reason) you would have to follow it. If the officer has somehow determined that living together causes risks, then you would have to follow the rule or petition the Court to authorize the move. And judges love probation officers.

Sorry but good luck.

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Answered on 10/23/06, 7:25 pm

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