Legal Question in Family Law in California

Terminating a probation for a domestic violence case

I and my wife had a heated argument in July 2002 and she scratched my face and body. In a fit of anger, I called the cops and she was arrested and later charged with domestic violence (misdemeanor). She pleaded guilty, and was sentenced to 27 days of prison (she actually did weekend work program and didn't go to prison), 40 hours of community service, 52 weeks of domestic violence classes, and 3 years of probation.

She has since completed all the 27 days of weekend work program, community service, and 34 of her classes. She has not violated any terms of her probation at all, and has been keeping a perfect record in attending the classes.

I would like to know if her probation can be terminated after she completes her 52 weeks of domestic violence classes (sometime in October 2003). We cannot stay in USA forever, as both of us are on visas that will expire in 2004, while the probation will finish in August 2005.

Please I need this help. I have been already regretting every single day of my life for calling the cops, and praying every day for God to show us some way.

Thanks a lot. This incident happened in Santa Clara county. So I would be willing to hire any local lawyer if he/she can get this probation terminated.


Asked on 6/05/03, 10:08 pm

3 Answers from Attorneys
E. Daniel Bors Jr. Attorney & Counselor At Law

Re: Terminating a probation for a domestic violence case

Dear Inquirer:

Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.

If you haven't already done so, please visit my

web site at --

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

Best bet: hire an experieinced criminal lawyer.

Thanks for sharing your interesting inquiry with us on LawGuru, and good luck with your case.

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Answered on 6/07/03, 4:19 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: Terminating a probation for a domestic violence case

if you can email directly more specific information regarding your wife's probation terms, her progress, etc..i may be able to further assist you legally in this matter. i certainly hope this unfortunate incident is behind u both once and for all and in the VERY near future. warmest regards.

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Answered on 6/05/03, 10:37 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Terminating a probation for a domestic violence case

After she has completed the domestic violence classes you should be able to petitione the court to terminate probation early. Based on you need to return to your home country it is very probable that the court will grant the request to terminate probation after the completion of the domestic violence class.

A motion must be filed with the court. A copy of the motion must be served on the da and the probation department.

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Answered on 6/06/03, 1:11 am


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