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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70273
Experience:  Over 5 years in practice
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My husband had a mental illness and tryes to make love to me

Customer Question

My husband had a mental illness and tryes to make love to me an it went to far he was prisond for attempeted rape 3 an a half years ago hes out an made fantastic progress we are still married and want to get bak together probation makin it hard we hav 4 children and we have both changed for the better what rights do w e have to contact and be bak together
Submitted: 11 months ago.
Category: Law
Expert:  Jo C. replied 11 months ago.

If you choose to have him back then that is a matter for you.

You are perfectly free to do that.

If you keep making allegations though then he will be remanded again.

Customer: replied 11 months ago.
I asked what marrage rights we have can orobation keep us apart tou didnt answer my questio
Expert:  Jo C. replied 11 months ago.

The conditions of his release will probably prevent him having contact with you.

Expert:  Jo C. replied 11 months ago.

So yes, for the time he is on licence then can.

That is what happens I'm afraid when allegations are made. They cannot be controlled afterwards.

Customer: replied 11 months ago.
i have requested them to be removed as they were requested when he was released in 2014 he served 3 years in total and licence ends in may
Expert:  Jo C. replied 11 months ago.

Social services may also be concerned about the welfare of the children even after his licence comes to an end.

I'm afraid that is it not entirely unreasonable that Probation will not allow him to have contact with the victim of the crime for which he is on licence.

Expert:  Jo C. replied 11 months ago.

I'm afraid they won't take any notice of your requests.

The only way to avoid this is not to make reports to the police. Once you call the police, you lose control.

Customer: replied 11 months ago.
It wasnt a allergation he was found guilty as a man came in my house an see what happend my safety officer said she dont hav time to help or talk to me an that in to write to his offending manager which i have done the restrictions were requested in 2014band he was recalled and they used same restrictions again but i didnt ask for them
Customer: replied 11 months ago.
Social services have already told probation they have no concerns but she woant let him see his kids
Expert:  Jo C. replied 11 months ago.

Yes, I understand. That is why he is on probation.

I was just making the point that the conviction was consequent upon your allegation and when you do that you cannot therefore demand that the conditions of his release allow him to return to you.

Customer: replied 11 months ago.
we have no rights even tho we are married their is nithing we can do
Expert:  Jo C. replied 11 months ago.

Not if you make allegations. They cannot be consequence free I'm afraid.

Expert:  Jo C. replied 11 months ago.

He will be removed from licence at some point and then probation will not be able to make threats.

Expert:  Jo C. replied 11 months ago.

Social services will have a concern if he returns to live in a house with children.

He may be on a SOPO that prevents him doing so. It depends on the orders that have been placed upon him.

Customer: replied 11 months ago.
Social care and my self agree we should do marrage councilling as licence ends in may an then hes free probation said when hes free he can do what he wants i was being sensible and trying to build a relationship for the children befor his licence ends it makes sense to do this y the licence is their
Customer: replied 11 months ago.
He has to sign it every year for 5 years can i approach a judge at court about this as he is a fantastic dad and social care are willing to let him hav shared care of our disabled son
Expert:  Jo C. replied 11 months ago.

They may agree that now but they are likely to have a view if he moves in unrestricted.

It just too dangerous. No agency is going to be happy about this.

Customer: replied 11 months ago.
I bare to differ as he has no concerns around children and it wasnt like it sounds as i said in my statement but i wasnt heard so basically we cant ever be together hes done all the programmes social care requested why in prison an doing bbr now
Expert:  Jo C. replied 11 months ago.

Ok.

Best of luck.

Customer: replied 11 months ago.
Last thing donwe have rights as married
Expert:  Jo C. replied 11 months ago.

No, I cannot agree with that.

The position is as I have said.

Expert:  Jo C. replied 11 months ago.

I'm very sorry.

All the best.

Customer: replied 11 months ago.
Probation police an social care have already said they have no concerns regardin children
Expert:  Jo C. replied 11 months ago.

Ok. Best of luck.