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veryconcernedlady · Feb 21, 2008, 03:57 PM

My ex-boyfriend violated his probation by violating a restraining order that was taken out against him. How would he get out of this? Can the person drop the charges against him or take off the restraining order?

this8384 · Feb 21, 2008, 05:02 PM

He can't "get out of it." He was told not to do something and he did it anyway. The person who filed the restraining order may be able to cancel it; that I'm not sure of. But even if they do have the order removed, the problem still lies in the fact that he violated his probation prior to removal of the order.

shygrneyzs · Feb 21, 2008, 05:04 PM

Why would the person who took out the restraining order either drop the charges or ask for the order to be cancelled? It is in place for what must be a very good reason. Someone's safety!

Your ex boyfriend violated the terms of his probation - there is no way to get out of that. Even if the order does get lifted. He will have a consequence.

this8384 · Feb 21, 2008, 05:14 PM

Originally Posted by shygrneyzs

Why would the person who took out the restraining order either drop the charges or ask for the order to be cancelled?

Because people are stupid and need drama in their lives *lol*

Fr_Chuck · Feb 21, 2008, 05:29 PM

He has two problems, one he violated the order, he can go to court on that charge, if the person drops it, he may get off that.

But the other issue is the being violated on his probation, even if they drop the charges on the restraining order, the PO can still violate his probation for this action. So he needs an attorney now more than anything else.

ldyastrid · Feb 27, 2008, 03:54 PM

Violating his probation may or may not be a huge deal - that would depend on several factors... what did he do while violating the restraining order? Did he get violent with the person who took out the order? Was he arrested? Has he talked to his PO Officer? What do they have to say about it?

Example...

My step-son was on probation - violated the conditions regularly - he was in jail once a month on probation violations 8 times - the last time, he got into an argument with the mother of his child during anger management classes - that was the final straw - once arrested, he sat in jail and then they revoked his probation... he is being sentenced next Tuesday - they are revoking his probation and now sentencing him on the felony that they withheld sentencing on and is looking at 1-6 years in prison. But it took violating his conditions repeatedly (one of the violations was theft) before anything was actually done...

Again - each case is different and each PO officer handles things differently... His PO officer is who he needs to speak to first and let them know the circumstances that led him to violate the restraining order - the reason may make a difference.