In California, a person on probation can seek a court order to terminate or modify probation. To obtain early termination of probation, a petition that contains relevant information about the prior conviction will have to be drafted and submitted to the court. This petition will include information about the offense, your background, letters of recommendation, any proof of compliance with the terms of probation, and any other material that may be necessary for the court to make a decision.
Terminate or Modify Protective Order Probation
You will need to draft and submit a petition to terminate modify protective order probation. Once the petition is drafted and submitted to the court, a hearing date is scheduled. Scheduling this hearing requires that notice be given two days in advance to the district attorney’s office that prosecuted the underlying case. Should the underlying case involve domestic violence, the requirement is that the district attorney be given five days advance notice.
The district attorney’s office must be given the opportunity to be heard on the case. At times, the district attorney may agrees with the petitioner request to terminate modify protective order probation.
In the event the court refuses to terminate or modify probation, probation term will still terminate at the time previously set at sentencing hearing on the underlying case. The denial of early termination is without prejudice which allows the petitioner to reapply for early termination or modification at a later date.
Once your probation is terminated or modified, the court then sends notice of the termination or modification to the probation office.
A request to terminate modify protective order probation can include any obligation the probationer may have to pay court fines and fees. The court has the power to modify payment terms and/or the total amount owed. However, although fines may easily be modified, it is very difficult to terminate or modify any restitution you may owe to another party. Restitution is the amount someone is required to pay to the victim of a crime.
Should the underlying case involve domestic violence and a protective order, a request can be made to the court to terminate or modify the protective order. To determine if early termination or modification is warranted, the court will be looking for any material changes by considering the following:
- If the petitioner has accepted responsibility for any abusive behavior perpetrated against the victim.
- The petitioner’s current attendance and participation in counseling.
- If the petitioner has completed parenting counseling, attended alcohol counseling, or taken narcotics counseling;
- The petitioner’s residency and if they have recently moved.
- If the petitioner is still cohabiting, or intends to cohabit, with the victim.
- Any violation of probation by the petitioner.
- If the victim consents to the change in probation.
- The impact on any children involved in the matter.
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