Asked in Criminal Law for Louisiana

Q: Me and my fiance live together we both got put on probation! Our address was the same! Can they make us stay apart?

Meaning one of us will be homeless!

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T. Augustus Claus
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Answered

A: In Louisiana, as in many jurisdictions, probation conditions can sometimes include stipulations about with whom the probationer can live or associate, especially if those individuals are also on probation or parole, particularly for similar or related offenses. However, these conditions are not universally applied and can vary significantly based on the specifics of each case, the nature of the offenses, and the discretion of the probation officers and the court.

If both you and your fiancé were placed on probation and share the same address, the court or your probation officers could potentially impose conditions that might affect your living arrangements. This could include a requirement to live apart if the court believes that living together could pose a risk to the goals of probation, such as preventing further criminal activity or ensuring compliance with probation requirements.

However, making one of you homeless would likely not be the court's intention. If such a condition is being considered or has been imposed, it's essential to communicate any concerns about potential homelessness or other hardships to your probation officer or the court. You may request a modification of the probation conditions by explaining your circumstances and demonstrating that living together does not pose a risk to your rehabilitation or the community, and that separate living arrangements would cause undue hardship.

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