General Question

KariHicks593's avatar

Can we be kept apart as husband and wife?

Asked by KariHicks593 (29points) 2 months ago

Im on house arrest. I must move out of my friends house which im living at. The house arrest officer who monitors me forbid me from living with my at the time, fiance, for no good reason. He has no criminal past or pending charges. Now that we are married can they keep me from living with him without a legal reason???

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26 Answers

zenvelo's avatar

Your story is inconsistent. Is he your fiancé or your spouse?

Yes, you can be restricted from living with a spouse, especially if you were not married at the time you were convicted.

YARNLADY's avatar

You should discuss this with your attorney.

KariHicks593's avatar

Hes my husband now, and if they have no legitimate reason behind it then how is that ok??

janbb's avatar

It really all depends on the law where you live. We don’t know.

CWOTUS's avatar

Welcome to Fluther.

What, exactly, is a “house arrest officer”?

What are the legal restrictions of your house arrest? I doubt that they are so vague and arbitrary that “just any official” can make them up on his own.

Do you have “your own house”? That is, either a rental or owned property – in habitable condition, with running fresh water – indoor plumbing, that is – electricity, locking doors, etc.? And are you of legal age in your jurisdiction to enter contracts on your own? Or is your husband’s home the only one that you have access to?

There’s so much more that I’m simply dying to ask, but I’ll refrain for now.

jca's avatar

Tell the house arrest officer you want to ask the judge. If he is just being a jerk, it might intimidate him.

KariHicks593's avatar

cwotus, I don’t understand what exactly you are asking me… and a house arrest officer is like a probation officer, that is to say “one who monitors” me on horse arrest. They let me out and put me on house arrest after asking me “do you have ANYWHERE to go” I didn’t even know the chic I moved in with, it was my fiance’s friend. So no I don’t have my own home and running water isn’t what they are worried about. I do however have a home my husband rents that is the only place I have to go if and when this chic wants me to move out of here. They didn’t come check this place or the people living here yet they have a problem with letting me move in with the man I love and whom I married last week! I told her Id just go to the judge and she said he listens to her recomendations yet she has no real reason for her recomendation of not letting me move. She said the judge ordered me to live at this address, but im sure there have been other people who’s circumstances changed while on house arrest and had to move. Even in the rules it says you need to give them 7–10 days notice to move…. what else are you dying to ask me?? And yes i am of legal age, im 38 yrs old and doing everything else they want me to do

Coloma's avatar

Go back and petition the court for a re-evaluation. How long is this house arrest? How much of the sentence have you already served? If it is short, a month or so more to go just stick it out where you are. Your husband can come see you.

KariHicks593's avatar

Yeah well i have until February. I did almost 2 yrs on this case before getting modified to house arrest. He doesn’t get along with the bf of the girl i live with so he doesn’t like coming here. I feel like they are picking on me because my husbands brother is in drug court and is nothing but trouble even tho my man is a good drug free unstanding citizen. She even said i could move in with my parents if they chose to move from where they live 2 hrs away. Im a grown adult and i don’t think who i choose to love esp. If he’s not a criminal should be held against me just because of one of his family members. They chastised me like I was a child when I brought up moving in with him. I don’t get it, id get a lawyer if i had the money because honestly i don’t think she can do this. I live in Indiana by the way, I can’t find any clear laws of the type of thing

snowberry's avatar

It might be that the court was concerned about your druggie brother-in-law coming to visit your husband while you’re under house arrest. Therefore they wouldn’t want you living there in that house.

CWOTUS's avatar

Since you don’t have money for an attorney, did you have a public defender to represent you at whatever hearing or trial ended up in your house arrest? And have you spoken to that person about your current concerns? As far as I know the public defender is obligated to take your legitimate calls, and to represent you before the judge. “Where am I going to live?” seems like a legitimate call and concern.

One of the questions that you’ll be asked, I’m sure is, “Why do you have to move out of your girlfriend’s house?” If that was a good enough place for you to have been sentenced to as part of the proceedings earlier, what has changed since then? Was it just “getting married”?

KariHicks593's avatar

No its that she’s having a baby in a few months and needs the room. My husband, before we were married, lived there with me at her place when they let me move there. Then when she told us she would be needing the space back he went out and rented an apartment thinking as the rules said id give notice and be able to move, not thinking it would be a problem.we waited to get married for months after he moved out making sure we were ready. I had a paid lawyer for the case and modification but hes not on my case anymore since it was modified and done.

zenvelo's avatar

Here is my take on it:

You got married after your conviction, and then later your husband is living somewhere else.

A house arrest officer might consider that as trying to do some end run around the regulations and conditions of your house arrest. And that is fully within their authority; you are the one responsible for the changes in your husband’s status, not the criminal justice system.

KariHicks593's avatar

Im not breaking any regulations or conditions of my his arrest. No where does it say you have to stay where you are living until the end. People have circumstances that change all the time, thats life. And what do you mean by the changes in my husbands status? There is no rule saying you can’t get married, that would be against my constitutional rights. I’ve given up some rights such as refusing searches but not my right to be married which I would have done even if I wasnt on house arrest. Seems pretty petty to me since my husband is a good guy and i have nowhete else to go, no family, can’t afford a place on my own

jca's avatar

@KariHicks593; You asked the question, people gave their ideas about what could possibly be the answer. Don’t get huffy with people here for answering and speculating as to what the answer could be. Just contact legal aid or the judge and ask them.

YARNLADY's avatar

I don’t see how a person can go through the court system and get a conviction from a judge without having a lawyer.

janbb's avatar

@YARNLADY She says somewhere above that she did have a lawyer for the court date but has one no more.

KariHicks593's avatar

Of course i had a lawyer, if i couldn’t have paid for one the court would have appointed one. But i only paid him for my case and then for my modification. This is a totally seperate matter which would require a new retainer to be paid. And im not getting huffy, i was just answering questions that were presented. These “officers ” can do pretty much what they want or can try to. They are on a power trip controlling peoples lives. If i have to dig up money for a lawyer I will, i just don’t see any valid reason why they’d want to take time to fight me on it. My husband is going to talk to the prosecutor tomorrow.

Dutchess_III's avatar

Why are you on house arrest? I don’t need the specifics, just in general.

KariHicks593's avatar

I had a dealing charge for selling 3 pills to a “friend” yes i should have been punished but i feel like 2 yrs in prison and i should be about paid up. Anyway the pros office said today that their should be no reason why i can’t move with him, that its just a change of residence and that it happens all the time. They told us to ask again letting them know we are married and how she wants me to move out anyway and if they still said no to get in touch with their office again. I text them and they said that they will ” go over it” so it wasn’t a no agsin at least

jca's avatar

@KariHicks593: Thanks for following up and letting us know.

KariHicks593's avatar

Well i still haven’t gotten an answer, muy husband text her and said whatever info she needs from him, landlord number, job info to let him know. She couldn’t even acknowledge him. If we dont hear anything by the middle of next week im takibg to the pros office and a lawyer. All i want is to start my life with my new husband

CWOTUS's avatar

My only remaining suggestion in all of this is that you let your attorney decide where to appeal the decision. I’m thinking that the “house arrest officer” is a court officer who may only be coincidentally and casually related to the prosecutor. The prosecutor may want and may try to give you good advice, but it doesn’t seem to me that a court sentence would be dependent to a great degree on the prosecutor; it should have its own enforcement arm.

But what do I know? My only experience with courts is with minor traffic offenses.

Good luck.

snowberry's avatar

Not to mention the needs of your present landlord!

KariHicks593's avatar

Well just to let you guys know, the director of comm. Corrections said no. Now she’s saying his neighbors have had tbe cops called there and that the address im at is court ordered and its up to the judge ultimately. That i can write him to get a court date to modify placement but im sure she will recommend against it. Also said it could have been a violation getting married without telling then first. Which they knew we got a license, idk what they think that means and they didn’t ask when we were doing it when they were told that. Im sorry but I think Im being bullied and that this is all a total misuse of power on their part. Im under their supervision and monitoring yes, but im also An adult and wouldn’t put myself in a place where it would threaten me getting in trouble or violating. I could see if he had a drug history or something but there is just no reason for not letting me move in with the man I married. So I guess I will talk to a few lawyers and try to get money because I know filing a motion myself I won’t be taken seriously. That’s just how our system here is.

janbb's avatar

Good luck.

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