Legal Question in Criminal Law in California
I am on felony probation for criminal threats. I was convicted 3 years ago.
recently a girlfriend filed a restraining order on me. the police were not called. is the restraining order a violation of my probation?
3 Answers from Attorneys
A civil restraining order won't violate your probation, but the only reason people apply for restraining orders is to be able to accuse the other person of violating the order so they can be arrested. In other words if you don't want to get arrested, and also violate your probation, your best shot is to hire an attorney and fight the restraining order. Don't wait until the time limit expires and it's too late for your lawyer to file written opposition.
Issuance of the order probably doesn't violate your probation, but the actions which led the court to issue it might. You haven't said what that court believes you did. You also haven't said what the terms of your probation forbid you to do. Without that information there is no way to give you a reliable answer.
I agree with Mr. Hoffman. The issuance of a restraining order alone does not cause you to violate the terms of your probation, but your actions and behavior that led to the restraining order might. You do not say what the terms of your probation are.
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