My boyfriend was arrested because of a text message sent to his ex. She called the police saying he threatened her. She is constantly provoking him, calling him names and canceling visitation with his son the last minute. He lost his temper but quickly explained what he meant in his text message after. This is considered his second violation, he is in jail until court in 3 weeks, how much jail time is he looking at? Will he be convicted?
These are questions for a criminal attorney. Beware of anyone guaranteeing an outcome - conviction vs. acquittal.
You or your boyfriend need to see a criminal attorney. If he doesn't have private counsel, he can get the answer from his public defender. It is difficult / impossible to otherwise answer your question without a lot more information, including his criminal record. This is a public site, so don't post a lot of details here. There are many good criminal defense attorneys on AVVO and he or you should have a private conversation, providing as much background as possible.
No lawyer can tell you wether or not he'll get convicted. A second violation of a Restrining Order ( a civil order) or a Protective Order ( Criminal ) is a serious matter where if convicted, he'd be looking at 5 years but is more likely to get 1. But I strongly urge you to get him a criminal defense lawyer or have a public defender appointed by the court .
Violation of a protection or restraining order is a felony that exposes a defendant to up to five years imprisonment. If he is convicted, I wouldn't expect a court to be lenient with a second violation.
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