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    ladylokei's Avatar
    ladylokei Posts: 1, Reputation: 1
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    #1

    Mar 31, 2007, 09:07 AM
    Violate of Probation
    Back in Sept, of 2006 I went in front of a judge to terminate a court order of restraining order of my boyfriend. The judge approved. The thing is, his probation officer came to the house March 28, 2007 to arrest him because now they are saying he violoated probation because there is a stay away order in affect. The question is how did he violated probation when I already terminated the restraining order and I even have papers to prove it. His probation officer was telling me that she understands that I terminated the restraining order but there is a stay away order with his probation. How's that? I thought once I terminate it, it will be OK for us to be a family again with our kids. I mean if somebody was to inform one of us of the stay away order we would have done our best to get it off and not to jeopardize anything. Please help... I needs answers and I don't understand this case at all.
    :confused:
    :mad:
    :(
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Mar 31, 2007, 09:25 AM
    No, the stay away order was an order from the probation officer, to stay away, he can set any and all of the rules he wants basically within reason as terms of the probation.
    And the person on probation would know the terms of his probation.

    The retraining order is a order for your protection unrelated to what rules his PO puts on him.

    And he should have been aware of the terms of his probation as told him by his PO, sadly too many don't listen to their PO or confuse things.

    And I would assume there was a reason for a restraining order, and perhaps you need to remember that also for your own good.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #3

    Mar 31, 2007, 09:37 AM
    Hello lady:

    The Padre is right. He had a probation rule not to contact you. If he didn't, then the violation is bogus. He'll go in front of a judge. The probation department will have to present a copy of the rules he signed to the court. If they don't have them, then he'll be sent home. If they do, then he'll be violated.

    Is he on probation for domestic violence with you? That's why they have them.

    excon

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