Legal Question in Criminal Law in Texas

My boyfriend is on probation as a sex offender. We currently live together in his grandparents home, and I am 8months pregnant. He has been searching for a place to move to in compliance with his probation. However, today his probation Officer insisted that **I** had to move out on the grounds that she suspects he's controlling/victimizing me. She has not spoken to me on the matter, and will not listen when he tries to explain my situation. Is she overstepping her bounds as a probation officer?


Asked on 3/29/11, 8:16 pm

1 Answer from Attorneys

Cynthia Henley Cynthia Henley, Lawyer

Your bf is in a very precarious position. If his sex offender case is against an adult, then the p.o. may (a big "MAY" because she has not spoke with you) have some grounds for concern. However, if he does not follow the rules set by the probation officer, then that officer can make his life a living hell as well as could possibly get his probation revoked. (Generally probationers must follow what the p.o. says based on the probation terms but even more importantly, based on the fact that most judges are going to back up their probation officers before listening to a probationer.) That said, the p.o. cannot make YOU do anything. (She could make him move, but not you.)

Is he in sex offender counseling? He might try discussing the issue at a counseling session to see what the counseling leader suggests.

You might try contacting his probation officer by telephone to talk about you and your situation. (The probation officer cannot discuss your bf and his situation with you.)

Finally, you might just have to hire a lawyer to intervene. It could be that your bf said something to the p.o. that raised the concern, or it could be that the p.o. is just out-of-control. A lawyer might be able to talk with the p.o., and if not, then the lawyer might be able to talk to the court's probation liasion officer, or if necessary, the judge.

Be aware that being on probation means being under a LOT of control by the court, which control is often delegated to the probation office and individual officer. It is NOT going to be easy in any way, and sex offender probations are absolutely the hardest complete, as they should be.

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Answered on 4/11/11, 1:50 pm


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