My question involves criminal law for the state of: California
The person convixted of felony assault was released in October 2015. I initiated the contact knowing of the criminal protective order. I requested modification of protective order in January and was told a new procedure was in place, that I would need to attend an informational session with a DV professional to ensure I knew my rights and if the whole request were a good idea etc. I obtained the certification on January 26th and returned to make a court date to be reviewed. I was told it was required that I wait until his next review hearing. Unfortunately I had prior engagements that I was unable to change and wasn't able to be at the February court date. In the meantime the defendant entered residential treatment facility and ultimately completed the program I had contact with his PO and indicated that I wished to modify the order and had all certificates necessary to proceed. He told me that he would need to converse with defendant to ensure he also was on the same page. He said yes. The defendant told his probation officer that he would be living with his boss. But knowingly said that falsely. In any event. There was an issue almost immediately upon his return to my home. I asked him to leave. Knowing I didn't want it to escalate. He left however returned later in the night when I went outside I attempted to get in my car. I have a smart key and can get in car as long as my key is on me. It wouldn't open. I assumed he had the key since I had been to the dealership to have my car serviced and the key fob was separate from the entire set. I assumed I left it in car and he got it. To further this I attempted to move my truck so in the event he had the key he couldn't take my car. The truck had fuses removed so it wouldn't start. All I knew is it wasn't starting. I called frantically and asked him to return my keys and my roommate and daughter also believed he had the keys. He denied. I waited until the next day about 20 hours later. Lookin. For my key the whole time I eventually called the police to which they responded and took statements from the neighbor's who saw him in my car but later I found out was earlier in the day when I originally asked him to leave. I had since driven the car. Eventually I found my key on the ground near a bush next to the trash can. So they are violating him on felony violation of probation. I did let the officer know as soon as I found the key. Is there anything I can do to prevent him from being sent to prison. He was originally given a plea deal. And served 4 months for felony assault causing great bodily injury. He punched me in the face with a flashlight breaking my nose and leaving a 4 inch scar on my face. I do realize that this is not acceptable and I doubt he is completely accepting of the accountability piece but I know I participated in the contact. So why does that constitute a charge for just him
The person convixted of felony assault was released in October 2015. I initiated the contact knowing of the criminal protective order. I requested modification of protective order in January and was told a new procedure was in place, that I would need to attend an informational session with a DV professional to ensure I knew my rights and if the whole request were a good idea etc. I obtained the certification on January 26th and returned to make a court date to be reviewed. I was told it was required that I wait until his next review hearing. Unfortunately I had prior engagements that I was unable to change and wasn't able to be at the February court date. In the meantime the defendant entered residential treatment facility and ultimately completed the program I had contact with his PO and indicated that I wished to modify the order and had all certificates necessary to proceed. He told me that he would need to converse with defendant to ensure he also was on the same page. He said yes. The defendant told his probation officer that he would be living with his boss. But knowingly said that falsely. In any event. There was an issue almost immediately upon his return to my home. I asked him to leave. Knowing I didn't want it to escalate. He left however returned later in the night when I went outside I attempted to get in my car. I have a smart key and can get in car as long as my key is on me. It wouldn't open. I assumed he had the key since I had been to the dealership to have my car serviced and the key fob was separate from the entire set. I assumed I left it in car and he got it. To further this I attempted to move my truck so in the event he had the key he couldn't take my car. The truck had fuses removed so it wouldn't start. All I knew is it wasn't starting. I called frantically and asked him to return my keys and my roommate and daughter also believed he had the keys. He denied. I waited until the next day about 20 hours later. Lookin. For my key the whole time I eventually called the police to which they responded and took statements from the neighbor's who saw him in my car but later I found out was earlier in the day when I originally asked him to leave. I had since driven the car. Eventually I found my key on the ground near a bush next to the trash can. So they are violating him on felony violation of probation. I did let the officer know as soon as I found the key. Is there anything I can do to prevent him from being sent to prison. He was originally given a plea deal. And served 4 months for felony assault causing great bodily injury. He punched me in the face with a flashlight breaking my nose and leaving a 4 inch scar on my face. I do realize that this is not acceptable and I doubt he is completely accepting of the accountability piece but I know I participated in the contact. So why does that constitute a charge for just him
Domestic Violence: Violation of Probation Criminal Protective Order. Felony Case
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