Legal Question in Criminal Law in California

Demostic violence convection

Monday I go to court for a 1203.4 and early termanation of my probation, today my ex-wife had me arrested for voilation of my probation ,clets restraining order,the only contact the ''ro' permits is via an e-mail,and I was runing late to pick up my son from daycare one day about a week ago and used a multi media message , a voice message that I recorded while driving instead of texting ,I was sited and cuffed today and released, Im not sure why,now I have a pending so my 1203.4 court date is screwed , this women is crazy and will stop at nothing to keep my son from me , how much trouble am I in


Asked on 11/28/08, 10:32 pm

3 Answers from Attorneys

George Moschopoulos The Law Office of George Moschopoulos

Re: Demostic violence convection

Violation of a CLETS can be a serious offense. It is considered a felony, but depending on the circumstances can be treated as less. For more info, review Penal Code Section 166 (Google it).

However, in your case, you have some mitigating circumstances. The fact that you are allowed some contact and that the contact seemed for a reasonable purpose could help you, although technically a crime was nevertheless committed.

Consider hiring an attorney for the limited purpose of representing you at your probation hearing. It could go a long way for you. If you are serious about doing so and are in Southern CA, feel free to contact us.

Best of Luck!

www.NotGuiltyInCA.com

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Answered on 11/29/08, 12:54 am
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: Demostic violence convection

Yes, you are absolutely right. Pending probation violation will certainly put on hold any plans to terminate early. You need to deal with the PV situation first.

You are entitled to a hearing on the PV. I highly recommend hiring a lawyer for this purpose. The judge might deem your act as a serious violation despite the fact that to you it seems completely innocent.

Feel free to call me if you want additional consultation.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 12/01/08, 4:06 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Demostic violence convection

I basically agree with Mr. Moschopoulos. The basic problem is that you took liberties with the restraining order, perhaps assuming that nobody would mind. That was a very bad assumption to make.

When a restraining order says the only contact you may have is via email, that does not mean you are free to use other means when email isn't convenient.

You violated the terms of the restraining order, and you did so intentionally. I don't know whether your ex-wife is really "crazy" as you say, but she isn't imagining this violation. You're facing potentially very serious consequences, and you need a lawyer ASAP.

Good luck.

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Answered on 11/30/08, 5:48 pm


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