Is a warrant automatically issued when a claimant states a "no contact order" has been violated?

Asked 8 months ago - Austin, TX

Flag

I have a condition of probation which contains a "no contact order", not a protective order. If this person calls the police and states I contacted them or showed up at there home, what happens? I have contacted the police and given them my information. I have also advised them that I have a witness that will attest I was nowhere near this person.

Attorney answers (3)

  1. Pro

    Contributor Level 17

    Answered September 13, 2012 18:53. The probation officer decides whether to ask the prosecutor's office to file a MOTION TO REVOKE PROBATION. If they agree to do so, a motion is filed and a judge hears the case and decides BY A PREPONDERANCE OF THE EVIDENCE whether you violated the terms of your probation order. If the probation officer doesn't believe the person and doesn't believe you violated the probation order's no contact provision they probably will not do anything to you.

    If this information has been helpful, please indicate below. I hope my information is helpful to you. If you think... more
  2. Contributor Level 10

    Answered September 18, 2012 19:17. Contact Stuart Baggish. Attu in Austin. Also teaches law at UT. Brilliant

  3. Contributor Level 8

    Answered September 20, 2012 07:31. I don't know Texas law. Generally, however, violations of probation will not automatically result in a warrant, unless the violation is very serious. In the situation you describe, I would imagine a notice to you to appear would issue; usually no negative consequences flow until you are convicted of the violation following a hearing.

    My responses to questions on Avvo are not intended as legal advice and must not be relied upon as legal advice. I... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

25,003 answers this week

2,584 professionals answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

25,003 answers this week

2,584 professionals answering

Legal Dictionary

Don't speak legalese? We define thousands of terms in plain English.

Browse our legal dictionary