Can probation officers legally impose no contact between a couple on probation?

Full question:

can a couple not yet married but both individuals being on state probation be deemed to have no contact with each other?? my fiancé and I have been together just shy of ten yrs with two beautiful children 8 and 7 and we have lived together 8 yrs and her probation officer set a stipulation that she and I can not have contact with each other and we feel completely betrayed by the state probation dept and we are supposed to get married just after the new yr. I do not start probation until feb 14th of 2017 and was told if we are both on probation we can not have any contact with each other... Can they legally stipulate our relationship and family status like this??? Mercer county Pennsylvania. Thank you Scott R.

• Category: Criminal
• Subcategory: Parole
• Date: 04/07/2025
• State: Pennsylvania

Answer:

You have a challenging situation. The no contact condition can be imposed by the probation agreement, state laws, or your probation officer. If this condition isn't in the agreement or statutes, it may still be enforced by the officer. It's common for individuals on probation to be restricted from contacting others who have felony convictions or could influence their behavior negatively.

Here are some steps to consider:

1. Check if the no contact condition is part of the probation agreement, state laws, or a decision by the probation officer. Speak with your probation officer to clarify.
2. Discuss your situation with your probation officer, emphasizing your family ties and children. Ask if they can lift the no contact condition specifically regarding your fiancé.
3. If the probation officer cannot or will not lift the restriction, consider consulting with your fiancé's probation officer as well, especially if he hasn't started his probation yet.
4. You may also file a motion to lift the no contact restriction as it pertains to your fiancé.

While courts have upheld no contact restrictions, there are constitutional questions about their breadth, especially regarding family rights. If you were married, additional rights concerning guardianship and visitation could be raised, leading to further constitutional considerations.

It's advisable to consult an attorney for guidance on these issues and to assist in discussions with your probation officer.