Legal Question in Criminal Law in California
Repeated probation violations not being enforced?
On 6-12-08 I had my now ex b/f served with a temp dom violence restraining order. He violated the order 2 days later and was picked up, plead guilty to violating a court order and served 5 days. He was put on 36 month probation for this.
He also had a, possession of controlled substance, charge he pled guilty to in 2005 and never took care of. Lastly, a DUI charge that he pled guilty to on 6-18-08 and is doing weekend work release for as well as AA.
The restraining order against him was made permanent on 7-28-08 and it covers my children, home, cars, workplace, ex husbands home and kids' schools. My ex b/f has violated it repeatedly by emailing me and my 16 y/o daughter, calling and also texting my 16 y/o and trying to meet with her secretly.
I contacted the police, filed a report & have not heard a thing since. How can I enforce my permanent restraining order against this guy?
Will it help that he failed to appear on his Controlled Substance Diversion hearing & a bench warrant has been issued?
He has a court date on 8-15-08 to discuss ''community service'' as a condition of his probation relating to his violation of a court order conviction. Should I approach the DA with proof of his violations then?
1 Answer from Attorneys
Re: Repeated probation violations not being enforced?
Yes, going straight to the prosecution is probably the best approach.
Jacek W. Lentz, Esq.
310.273.1361
www.lentzlawfirm.com
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