Can a probation officer abuse his power by telling a client who he can date and marry? - Criminal Law Questions and Answers-

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Can a probation officer abuse his power by telling a client who he can date and marry?

I was a correction officer and I fell for an inmate. I resigned, no legal issues at all, I did nothing wrong. He was released and I resigned four days later on my own. Now his probation officer says if we have any contact at all he will violate him and place him in prison for his remaining five years. This is not fair, we are engaged to be married, his probation officer made him put a restraining order against me today! I have nothing on my record, nothing! His PO basically told me last week it's all because I was a correction officer. I have no money to hire a great lawyer, and we would like to be married and raise his children together. His parole officer told me I was the best thing that ever happened to him. I do no drugs, I don't smoke, I am a good girl. I keep him so stable, and love him so much, enough that I resigned from a great job to spend the rest of my life with him! Some one please help us be together, this is the hardest thing I have ever been through in my life! I have done nothing wrong. He threatened me that if I saw him he was going to put a felony on me. How? Why? and i'ts not legal!

Answer By Adam Van Ho
Burdon and Merlitti
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If you are no longer a corrections officer, so long as the relationship did not begin while he was in prison, then there is nothing wrong with your relationship. While a probation officer can tell a probationer that he/she can not be around co-defendants or other felons, it is not the probation officer's role to tell a probationer who he/she can or cannot marry. I would speak to the PO's supervisor as he/she is exceeding his/her jurisdiction, and would possibly talk to a civil rights attorney about if the PO is exceeding his jurisdiction and authority under the law.

Answer Applies to: Ohio
Replied: 10/13/2011

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