No contact order parole conditions not wanted or needed.
How do I go about getting a NO CONTACT order lifted from an Illinois condition of parole? My boyfriend will be releases in July of 2017. There is a NO CONTACT order as part of his parole conditions even tho I DO NOT want one. He is no longer a threat. The charge of domestic battery was from over 2 years ago and has not happened again since. Drug abuse was involved in the domestic battery incident and he has since undergone drug rehabilitation by going through rehab and participated in a drug court program and going through counseling for drugs and anger issues. He revoked his probation and was sentenced on the domestic battery charge and a theft charge. We love each other very much. We have been together for 7 years and we want to continue our relationship and live together like we have been for years. We are planning on getting married once he gets out. We share a lease at the apartment that I'm currently living in. We do have pets together and share responsibilitites when he's not incarcerated. He has a daughter that I have become very close to also. How do we get the NO CONTACT order lifted so we can be together? What steps need to be done?Does anyone know of any cases where it has been overturned that I could look at as a reference? Any advice is welcome... Thanks in advance...
Hon, unfortunately, you can't. It's a condition of his parole, and is put in place to help him successfully complete parole. He may be able to request it from his parole officer, but until it is lifted, you can not have any contact with him. It's not about whether you want the order or not. It is one of his parole conditions. He HAS to follow it, or he will get violated. You are going to have to put your plans on hold. As long as he is on paper... DOC is still in control.
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As I understand it, if you & he have not participated individually in DV counseling it will be exceptionally hard to get the NCO lifted. If ya'll do not abide by the restriction, as MrsB stated, he could be revoked.
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That there were no incidents while in a custodial status is hardly a surprise if his conduct tended to be drug-fueled. Further, even though drugs are available in most facilities, few are going to engage in abusive behavior at visitation lest they risk the stacked sentence that could follow.
The Board has the safety of the public to consider when imposing conditions of release. In this instance, the condition requiring no contact allows for the the opportunity to see if the drug treatment actually worked. For many, it does not. They already KNOW he has a history of supervision failure as evidenced by the statement of having a probation revocation...
The supervising agency would rather inconvenience you than they would rear the arrest report after you are beaten or killed...
Once BOTH of you have demonstrated that you have BOTH taken battering intervention courses and counseling, you MIGHT be able to have the condition removed...
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Everybody is right on in what they've told you....so I'll add only one other thing. Forced rehab is not the most effective tool for kicking an addiction. If you don't want to be there and don't fully participate, then you aren't getting what you need. And you don't stay sober. Fewer than one person in 10 does.
If you haven't taken advantage of the domestic violence counseling available in your area, then the request that you make to the PO to end the order will simply be ignored. Why? Because domestic violence is one of the most-often repeated crime except for burglary. Because the next time can be fatal. Because you were the cause of his being in prison and the PO's job is to keep him OUT! (Not that you provoked him, but that your presence is an automatic trigger for an abuser.)
You'll know you've created God in your own image when He hates all the people you do.
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If you want any chance of having that condition removed, even gradually, he's going to have to stay clean and sober for a period of time that approaches anniversaries of his sobriety. This is good because it will show his dedication to his sobriety. At the same time, you will both need DV specific counseling with therapists that will write reports that say you are both capable of contact. It won't be live together contact, but contact that's much more supervised, including but not limited to couples therapy. But, most therapists are not going to sign off on that (they don't want liability transferred to them in any way, or to share liability with the state).
DV when there are multiple complaints of DV, when it results in prison time, means that it's going to take a lot of work to even start persuading the State that you should have any sort of contact, let alone actually lift that NCO. Alcohol/addiction problems take 8-10 attempts before they stick. Batterers usually never stop, at least not in that particular relationship, even when addictions are removed from the equation. People simply do not want to feel responsible for your death or serious injury, and that's what happens when they give you permission for contact - they feel responsible for what happens to you.
Was in the parking lot of a courthouse, courthouse attached to the jail/Sheriff's office one day. I was coming out from court, talking with another attorney when a man jumped out from between two cars and started swinging a baseball bat at the woman he "loved". The guy I was talking to turned pale because the woman was his client. He had been in court with her asking that the NCO be lifted, at least as far as transferring a child from one parent to another. Didn't work, but he asked. Battering partner didn't feel she'd done enough, got sick of being a good boy, and beat the snot out of the woman, right there in the parking lot, before everybody could stop him. And we did stop him. Complicated his old case substantially, as well as his new case as half the bar witnessed or participated in stopping the guy that day.
While most DV happens behind closed doors, the stuff that happens in public is startling, vicious, horrible. I remember the case Chris is talking about. I also know that this is a good story and reminder of DV, very public DV: http://www.bridesmarch.com
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