Moving on probation may sound like a dream come true, but things may not be as great as they seem. Probation officers may not be able to stop you from moving, but they can certainly put restrictions on your probation.
It might mean that you can’t travel outside a certain distance from your probation officer or that you can’t own a gun. This blog will talk about Can a Probation Officer Stop You From Moving?
Probation officers are tasked with the job of overseeing a person’s probation. However, they cannot actually alter the terms of probation, nor can they prevent the person from moving out of state.
If a probation officer tells you that you cannot move, you should know that they are probably stretching the law. You may have to have a conversation with your probation officer to find out what they can or can’t do.
Can a Probation Officer Stop You From Moving? (Explained)
A probation officer is responsible for ensuring that you follow your probation’s rules. For instance, you may have to report to your probation officer regularly.
You may have to follow any special conditions the judge sets for you, such as a curfew or a requirement that you undergo a drug test. However, a probation officer can’t stop you from moving unless a court order says you are prohibited from leaving the state.
If this happens, they must contact the court. It can take some time, so your probation officer may not be able to stop you immediately.
Who is a Probation officer?
A probation officer is usually a person employed by the court to supervise you. They are appointed by the judge who sentenced you and is responsible for ensuring that you follow all of the conditions the judge places on you.
If you’re doing something wrong, they may give you a choice to avoid further punishment. You can either admit what you did or say you didn’t do it.
A probation officer may also decide that you need to participate in counseling or go to a treatment center. Some of the conditions of probation you should know about.
Condition of Probation
What you can and cannot do while on probation is mostly governed by the terms of your probation.
There are various types of probation, and depending on the state and court, they go by different names. There are generally two types of probation: major and less serious.
For those with felony convictions or those who have committed misdemeanor offenses repeatedly, the more severe kind of probation is typically mandated.
Ordinarily, less serious offenses and first-time offenders receive the less severe form of probation. Common probation orders call for the following from the defendant:
- Do not leave the country without notifying the authorities of any changes to your address, work, or school.
- Not having any alcohol or illegal drugs on their person or in their vehicle or apartment and not allowing a search of those things.
- Only use a vehicle when fully licensed.
- Avoid specific individuals or locations.
- Remit a fine and compensation
- Commit no new offenses
- And abide by all laws (including traffic laws)
The probation officer will have the authority to accept or reject your suggested living arrangements if the probation orders provide that you must “follow the directions of the designated probation officer.”
Additionally, the state may have regulations or statutes that specify the responsibilities and power of the probation officer.
In general, probation will likely be more stringent the more serious the criminal charge (and criminal history).
How Can A Probation Officer Prevent Your Movement?
A probation officer can prevent a defendant from doing something while on probation in one of two ways.
To start, the probation officer can just refuse. To persuade the offender to remain where he is or move to a different location that the probation officer allows, the probation officer can secondly threaten to file a probation violation report and launch the sanctioning process for changing your probation conditions.
Third, the probation officer has the legal right to submit a report on a defendant’s probation violation and ask that the offender be punished for disobeying his supervision.
If the accusations are confirmed or admitted, the court may sentence the offender to jail time and alter the conditions of their probation to encourage good behavior.
Factors That May Cause A Probation Officer To Stop You From Moving
A probation officer may decide to stop a defendant from moving for a variety of reasons.
First, the defendant may have chosen a residence outside the state, outside the city, or too far away from the supervisor for him to be watched.
It can occasionally be challenging for a defendant to go to court, treatment, meetings, or work from a proposed residence (like if the house is located out in the country and the defendant has no car).
Second, the defendant’s choice of housing could place him at risk for breaking other conditions of his probation, such as the ban on associating with felons or the restriction on carrying restricted things.
The probation officer has a personal stake in the defendant finishing probation because, if they do, their case will be removed from the probation officer’s caseload.
What Happens If a Defendant Wants To Move?
If the defendant wants to move, the probation officer will have to grant permission. However, the defendant will not have to move unless the probation officer grants permission.
If the defendant is a victim of domestic violence, the defendant must notify the probation officer of the change. The defendant must also notify the probation officer of a change in employment or educational opportunities.
If the defendant moves, the probation officer has to verify the address and notify the court. If the defendant is a victim of domestic violence, the probation officer has to notify the court of the address change.
A victim can get assistance in moving if the victim needs to do so. The victim can contact Victim Services for assistance in finding a new apartment.
The first step is to discuss it with the probation officer. Moving to a different apartment inside the same building is one example where there may be no issues at all.
Other moves (like to another city or state) are more complicated since the defendant may need to wait for their supervision to be moved to the new place.
Even if the probation officer wishes to give the criminal the all-clear, he won’t be able to until the proposed location has accepted the offender.
The accepting location may only take the offender if they can verify that they fit several criteria, including having a job, relatives living in the state, having paid all penalties and reparations, etc.
The PO will be more likely to help you if you comply with your probation, interact with the PO frequently, and demonstrate to the PO that you are serious about moving by making sure that the requirements of the accepting state are met.
Final Remarks
We hope you enjoyed our blog post, “Can a Probation Officer Stop You From Moving?” For many people, the answer to this question is yes. However, we are here to tell you that this is not the case!
We hope that with the tips we provided in this article, you will be able to move without any issues and without being stopped by a probation officer. Thank you for reading, and we hope to hear from you soon!
