If a person was on probation and someone filed a protective order against that person, would that be enough cause to acclerate their sentence?

Fr_Chuck

Ok, a person is on probation, misdemeanor or felony, are they on close probation or unsupervised. What is the orginal crime. Is the person getting the order of protection connected to the orginal crime. What is the evidence for the need of a protection order.

with just the info you give, yes it can be, if the probation officer does not like this person to start with, if the probation officer feels like teaching someone a lesson this week.

If the person went over drunk in front of someones house and cursed them out and threatened them, yes it could be.

If the person is on probation for drunk driving, most likely not.

A probation officer can if he beleives the person has violated his probation, ask the court for an order to have the person detained pending a hearing before the judge. So the porbation officer needs little evidence to back up what he beleives, but normally it does not take much to have him picked up.
He is then held till a hearing ( around here that can take a month or two) at the hearning the judge may decide it is not enough to revolk his probation, and release him back on probation

Tell us alittle more about what is going on.

excon

Hello Uncle Bill:

Can you be violated? It depends on what you did. You have specific probation rules that you must obey. If you did, then NO, you won't be violated. If you didn't, then you could.

However, just FILING for a restraining order doesn't mean squat. If a restraining order is AWARDED, then you may have a problem. Make sure you defend yourself against the protective order.

Hell, a civil filing like that may not even be brought to the attention of your PO. However, if you think that somebody might snitch on you, then (for preventative measures) I would tell your PO first.

excon

My advice is not legal advice. If you take legal advice from someone named excon, and you go to jail, don't try to sue me.

Uncle Bill

The original charge was for possession of controlled drug. The judge handed down a deferred 2 yr. supervised probation. The accused has been to rehab twice while on probation and has only fail one UA. Before going to the second rehab this person was served a protective order. The protective order stated that the accused has a drug problem, will not work, will not enter treatment, and has made physical threats.

Although one of the comments happens to true such as the drug problem, the rest is just flat out false. The accused did not violate any of the conditions of the protective order. He then decided to go to rehab for his drug problem. After completing rehab the protective order was dropped.

After looking up his original charge on the computer he then found out the judge ordered an application to accelerate the sentence entered along with a bench warrent.

excon

Hello again, Uncle Bill:

You lost me. Did, or did he not fight the issuance of the protective order? I suppose he did not. Protective orders are issued for certain time limits. You're saying this one went into effect and was dropped WITHOUT his PO violating him? Why would a PO violate him now? When did the bench warrant come out? Why isn't he arrested? How come his PO didn't pay him a visit to bust him? Who asked for the restraining order?

In any case, if he's arrested for a violation, he'll have a hearing. It certainly wouldn't hurt if he had a lawyer.

excon

Fr_Chuck

If I understand it, a order of protection was issues by a judge,

so either because of the order or for some other reason, they went into rehab. When they got out of rehab the protective order was droped

( now did the judge order him into rehab as a condition of the protective order?)

But anyway, if after listening to the persons testomony about the reason for needing a protective order yes he could go ahead and revolk the probatoin.

Also since he has to go to re-hab, which means they still have a drug problem, this is a reason to violate the probatoin also, continued drug use admitted by going into a drug program.

I guess the main thing is YES, the judge can with very little evidence violate his probation and put him back into prison to service his sentence.

And on this same amount of little evidence the probation officer and always recommend it.

magprob

Usually, not in every case, but usually, if a protection order is issued, the court will forward a copy to the probation office. The judge will more than likely know about the probation anyway. If you violate the protection order/no contact order then that is a new criminal charge; therefore, a substantive probation violation. There are two types of probation violations. 1) Technical, where you don't pay fines, fees or miss to many appointments with the P.O. 2) Substantive, Where you commit another crime. If this is the case, you must first be found guilty of said crime before you can be found guilty of the probation violation. If someone files for a protection order, Excon is right, show up and try to disprove the allegations against you. These things are abused quite alot in the Criminal justice system. Imagine that!