View Full Version : No contact order


dmorales
11-19-2008, 02:31 PM
Can anyone PLEASE tell me if there is any way you could over turn a no contact order with the parole officer. My boyfriend is currently in Pleasant valley about to be released in jan. 2009 got his parole papers and they state that I could have no contact with him. But I recalled in court when he took his plea, his attorney asked the judge to release the protective order that the police put on me and for us to have contact. I stood up in court stating to get it removed, can the parole officers over ride it or do they have to comply?

ChocoholicMom
11-19-2008, 02:49 PM
Parole can impose any condition they deem fit. Judges have no jurisdiction over parole conditions.

Gryphon
11-19-2008, 06:37 PM
Parole can set it's own release conditions.
The REASON tha tteh Judge lifted teh order might help modify parole's intentions. You might consider documenting that reason to teh best of your ability, and to then get that information to Parole.

elizabeth71
02-22-2009, 12:00 PM
Grypon,

My husband is being released next week on a new term and the PO kept the same no contact condition on him that was placed on his prior release. This happened 2 1/2 years ago and my husband has served his time for it and has taken Anger Management in prison and on his first parole period. I thought that the conditions applied only to the controlling case? I am planning on going this week to speak with his PO. I was going to take documentation showing the Criminal Protective Order being removed by the judge. This was an isolated incident and had we known that taking a deal and pleading to PC 273.5 would then carry over to "No contact" we would have never agreed.

My husbands paperwork states that the No Contact is being placed due to PC 3053.2. In reading the description of this PC is states "
(a) Upon the request of the victim, or the victim's parent
or legal guardian if the victim is a minor, the parole authority
shall impose the following condition on the parole of a person
released from prison for an offense involving threatening, stalking,
sexually abusing, harassing, or violent acts in which the victim is a
person specified in Section 6211 of the Family Code:
Compliance with a protective order enjoining the parolee from
threatening, stalking, sexually abusing, harassing, or taking further
violent acts against the victim and, if appropriate, compliance with
any or all of the following:

I am not requesting this order and their is no protective order to be
in compliance. I don't want to make the PO angry but this is riduculous.
We have been married 19 years and have two teenage boys, we just want our
life back. How do you think I should approach the PO?

Thank you

WaitingForHer1
03-01-2009, 03:06 PM
Did the judge order the no contact order to get removed? Do you have copies of this order?

elizabeth71
03-04-2009, 12:07 PM
I spoke in court before the judge sentenced my husband in 2006 and he asked if I wanted the Criminal Protective Order removed and I said "yes". He ordered it be removed and gave me and my husband a copy right then in court.

The Parole agent would not accept this document and said that it is policy that they place this condition because my husband was convicted of pc 273.5. Had we known that taking a plea for this charge would have this consequence afterwards we would have fought it. I was not hurt in this incident and it was both of our faults for what occurred that day. My husband was only trying to take responsibility for his actions.

My father-in-law and I did go speak with his Parole agent a week before he was released and it seemed to be a good meeting. We did not go in there asking to remove the condition but asked what we could do to support my husband and get him off of parole.

Well my husband has been released and his first visit with the agent was terrible. The first thing the agent told my husband was "don't ever have your mom, dad, and especially your wife come to my office ever again." He said he had spoken to his previous agent and was told everything about him and his family. He told my husband that there would be zero tolerance.

I have moved out of our home away from our sons and now I feel as if I am the prisoner. It was my decision to move so my husband would have a home to go to and be with our boys. We are afraid to appeal or fight this condition. His last agent wrote things in her report that were totally untrue but how do you fight these people? They have all the control, they control my husbands freedom. My husband is not a bad person, he made some bad decisions and stared using drugs again after 4 years of sobriety. He is doing good now and has his head in a good place. We just want to be back together as a family.

The new parole agent did say something about reviewing his parole in 6 months. I don't know now if he still will do that after speaking with the last agent. Does anyone know if parole is releasing guys in 6 months? I read they were doing this in Orange County last year.

If anyone has any advice or words of encorouagement for getting through this please respond.

Thank you

ilovetimmy
04-27-2009, 01:11 AM
i have a no contact order with my boyfriend but my po just put it on just because he was on parole nothing else

tgirl247
05-11-2009, 02:26 AM
My boyfriend was on parole when he went on a bad drug trip. The cops were called on him for kidnapping me, stealing my car, and breaking into my house. NO reports were ever taken or filed. There wasnt even so much as an incident report made. Obviously he was violated on his parole for this. He took a deal at the commisioner's hearing. I was approved to visit him. But, when he was released his P.O. imposed a special condition of no contact with me. Can he do that? The State Board didnt impose it and there was no legal conviction or case not even a police report to back it up. :confused: His P.O.(also employed as a sherriff's officer) has made it clear that it is his goal to keep my boyfriend in prison. I thought a P.O. was supposed to help the parolee return to street life and stay there.

BigShoulders
05-11-2009, 08:55 AM
His P.O.(also employed as a sherriff's officer) has made it clear that it is his goal to keep my boyfriend in prison. I thought a P.O. was supposed to help the parolee return to street life and stay there.


Yeah, you'd THINK that that was what a parole agent's job was, to help them reintegrate into society without problems. The problem is, a lot of parole agents think that the inmate didn't get long enough and so they take it upon themselves to make sure they get enough. Therefore, they violate for any minor infraction. Stupid, cause all it does is get the parolee frustrated and if they had ANY intentions of keeping out of trouble, the parole agent's actions help turn that thought process around. "Why bother working so hard if anything I do might send me back? I might as well do whatever the heck I feel, I'm violated anyways." As long as parole agents don't see the logic here, this will continue to happen.

patswife4-ever
05-13-2009, 06:25 PM
Contact the Parolee Appeals Coalition California - they handle no-contact orders as administrative appeals and eventually end up in court fighting with Parole. They can be contacted at 916-647-4022 leave a message and administrative staff or an attorney will call you back to discuss your case.


Thank you for the phone number. My hubby called them today and they are definitely willing to help us out..... IF we had $2200 :( I wish we had the money as they way she was talking, she seemed very confident she could get the no contact order lifted. She did give us some good information though!! :thumbsup:

Thanks again for the info!! :D

vnessa143
05-13-2009, 07:35 PM
my bf and I were talking about the same thing. he is in jail for getting in a fight with me and drinking the cops came arrested him. but later dropped the charges hes in on a violation. but he was thinking that his po will prbly add the special condition to stay away from me. ive spoken with his po when he was first arrested ive even sent character letters to him so he knows we are still together. but i hope they dont add that to his parole

My boyfriend was on parole when he went on a bad drug trip. The cops were called on him for kidnapping me, stealing my car, and breaking into my house. NO reports were ever taken or filed. There wasnt even so much as an incident report made. Obviously he was violated on his parole for this. He took a deal at the commisioner's hearing. I was approved to visit him. But, when he was released his P.O. imposed a special condition of no contact with me. Can he do that? The State Board didnt impose it and there was no legal conviction or case not even a police report to back it up. :confused: His P.O.(also employed as a sherriff's officer) has made it clear that it is his goal to keep my boyfriend in prison. I thought a P.O. was supposed to help the parolee return to street life and stay there.

beeker
04-08-2010, 01:28 PM
I just contacted the Parolee Appeals Coalition California. I am asking for anybody on this forum that has sought their help? If anyone can share their experiences, how long it took for the entire process to have a no contact order removed. My fiancee and I had a shouting match and the cops were called. I love him dearly and this is tearing us apart. His parole officer did not violate him, but he placed a no contact order between us. Help anybody that has hired on the Parolle Appeals Coalition California. Any input would be greatly appreciated!

LatinaPrincess
04-26-2010, 08:06 AM
I have not contacted a Parole Appeals Coalition. But a attny told me that once a restraining order is lifted with the courts, that the p.o. cant keep you apart UNLESS the following apply in your case: the case involved gang activity that you and him are directly involved with. Other than that, he said the p.o. cant keep you apart. Especially if the r.o. was lifted with the courts.
Good Luck this is a sticky one...

2sleepy
04-26-2010, 11:01 AM
I believe that this 'parolee appeals coalition' is a private attorney who will help with administrative processes. I believe her name is Maya Emig. I don't think there is a darn thing she can do that you can't do yourself.

Parole can, and frequently does impose no contact orders when there has been a domestic violence case. They can even impose it if there are a number of calls to the residence by police for fighting.

This is from the prison law office and it tells you what to do to appeal a parole condition- there's no way an attorney can bypass this process, the most they could do is tell you how to fill out the paperwork:

Parole Issue Appeals:
CDCR staff set most conditions of parole and decide the location of parole. You can appeal these decisions by sending a 602 to the Appeals Coordinator for the parole region. Appeals of your parole location will not go to an Informal Level of review; they will be assigned to the Assistant Regional Parole Administrator for First Level review. (15 CCR 3084.7(f)(2).) Appeals of parole conditions will not go to either the Informal or First Formal Levels; they will be assigned to the Regional Parole Administrator for Second Level review. You can get then ask for Third Level review by sending the appeal to the CDCR Director.

brown1226
12-28-2010, 01:52 PM
2sleepy.... i know it been some time since this post, where did you find Parole Issue Appeals

2sleepy
12-28-2010, 09:36 PM
2sleepy.... i know it been some time since this post, where did you find Parole Issue Appeals
I found it on the prison law office site:
http://www.prisonlaw.com/research.php They have a lot of good information on their site