Home > Research Legal Advice > Criminal Defense > Can a Probation Officer keep a person from seeing their victim, after th...
Asked 9 months ago - San Diego, CA
FlagIf a person completes their probation and has no other charges against him, can a probation officer have control over you seeing your victim? The charge was for Domestic Violence. This was a first offense and no other charges have ever been placed against me. The victim does want to have contact with me, Could I be arrested for seeing my victim, when I am no longer on probation? When on probation I can understand why could not have contact, but I am no longer on probation and we want to see each other.
There are TWO things that restrict your actions after a domestic violence convcition.
1. It was probably a term of your probation that you stay away from the victim. Once probation is terminated, this is no longer an issue.
2. The Court usually will give a SEPARATE order called a Domestic Violence Restraining Order that prevents you from contacting the victim. Violation of this order is a crime. This order usually lasts for three years, so if you are off probation the odds are that the order is no longer in effect. If the order is still in effect and the VICTIM wants to get it removed,SHE needs to go to court and request to be put on calendar to have this done. DO NOT go to court yourself and request that YOU be placed on calendar to modify your probation terms. You will waste your time, the court's time, and they will be very angry with you.
The short answer is no. Once you have satisfied the terms of your probation the state no longer has any authority to dictate who you associate with. However, if there is a protective order in place then you are prohibited from contacting the protected party (or violating the terms of the order whatever they may be) despite having completed your probation. Protective orders or restraining orders can be issued by the court separately and apart from the terms of your probation and may outlast your term of probation. So, it is possible that that is why your PO is keeping you from contacting the victim. But, of course, that is assuming there is a protective order still in place.
That said, I find it curious that your PO is meddling in your business at all if you have successfully completed your probation. Seems to me that a PO shouldn't have any say in anything you do at that point.
The probation officer can keep you from seeing the victim in the case, even if the victim wants to see you. There is a court order making you stay away from the victim.
But, there is away around this. If you bring a motion to modify your probation and the victim does some things the judge may modify your probation an allow for peaceful contact with the victim. But, there are a lot of things that must happen first.
Elliot Zarabi
www.FreeCriminalConsultation.com
213-612-7720
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