Legal Question in Criminal Law in California

Early release from information probation w/concurrent restraining order

It has been suggested to me that the likelihood of obtaining early release from a 3-year (10/01/05) summary or informal probation would be diminished by the existence of a concurrent restraining order with the same termination date as the probation. Also, early release would allow me to petition the court for expungement of the misdemeanor.

It is my understanding that early release is commonly requested at the midpoint of the probationary period (4/1/04).

Could you provide advice on how to deal with the injuctive order vis-a-vis early release?

Thank you.


Asked on 10/21/03, 4:08 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Early release from information probation w/concurrent restraining order

The restraining order is less likely to be released early, even if early termination and expungement of the conviction is obtained, and would be valuable to you in seeking employment, etc. Contact me if interested in having counsel help do the necessary pleadings and motions.

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Answered on 10/22/03, 1:11 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Early release from information probation w/concurrent restraining order

More important than the existance of the DV restraining order is your conduct on probation. If you have performed well in your attendance at the domestic violence classes and other aspect of your probation. Taking responsibility for your conduct is an important aspect of your case.

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Answered on 10/23/03, 12:53 am


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