I have submitted an application for a temporary restraining order against my ex. He is currently on court probation. If the restraining order gets filed and approved, will he be in violation of his court ordered probation?
2 Answers from Attorneys
Without knowing the terms of his probation, there is no way to answer your question.
It would depend on the terms of the probation, as Mr. McCormick points out. Generally, however, criminal courts are not concerned with civil lawsuits, and they set probation terms that state that a defendant is to violate no law. That law is generally the criminal law, not civil wrongs. Several civil remedies for domestic violence, however, are also punishable under the California Penal Code.