Can Parole Officer prevent Parents from living together because they are on parole?

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 difficult situation. The condition you mention can be imposed by the parole agreement, states or your parole officer. If the condition was not in the agreement or statutes, then it may be imposed by the parole officer. It is common for parolee's to be denied contact with other persons convicted of a felony and other individuals that could be a problem for future behavior.

In your situation you should consider the following:

1. Determine if the denial of you to live with him is by the agreement, statutes or a condition of the Parole Officer. You can talk to your parole officer to determine this.
2. Talk to your parole officer and explain the situation and that you have children together. Ask if he will lift the no contact condition if possible only as it relates to your boyfriend. If the parole officer explains that he has no control over the no contact or he has control but will not lift it consider option 3 below. Since there will be a parole officer involved for your boyfriend that parole officer would also need to be consulted. If the boyfriend has not yet been paroled he might raise the issue to preclude it from being in the parole agreement.
3. File a Motion to lift the no contact restriction only as it relates to your boyfriend.

The no contact restriction has been upheld in Courts but there is a clear question of whether it is not unconstitutional especially if it is over broad in it's reach.

If you were married additional issues arise including the right of the parents to raise, be the natural Guardians and visit with their children.  This further implements potential constitutional issues.

You should consult an attorney now to assist with making the decisions and also the discussions with your parole officer.

Good Luck!