Legal Question in Criminal Law in Ohio

Probation laws for spouses

My husband is on probation for driving drunk,weapons charges..He will not stop drinking..I had Probation officer place a no contact on him,,he moved out..NOW probation officer says he Can move back in!(says it is a financial burden to husband).. and that I can NOT apply for public assistance..There is a child involved..I have no money to move at this time or to seek legal advice..How can they do that?

What are my legal rights..

thank you for your time.


Asked on 3/23/07, 9:12 am

1 Answer from Attorneys

Richard Cline Office of the Ohio Public Defender

Re: Probation laws for spouses

Unless you are on probation yourself, the probation officer cannot prevent you from filing for public assistance. However, the probation officer may know the rules regarding public assistance and may simply be trying to tell you that you would not qualify, under the facts, for public assistance.

You do not say whether you rent or own the property, whether your husband has any ownership interest, whether his name is on the lease, etc. Without that information, there is no way to know whether or not your husband has a right to reenter your home.

If you move out and get your own place you can exclude your husband. You may not have the resources to do that, but it is legally permitted.

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Answered on 3/23/07, 1:56 pm


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