I am on unsupervised probation for a DUI, first offense. Would a 209A restraining order extension prompt a surrender?
3 attorney answers
The extension of a 209A hearing would not ordinarily trigger a probation violation for a number of reasons. First, if there was an underlying criminal charge which occured at the same time the 209A order was granted, that charge would have occured prior to your arraignment for the OUI, therefore, it would not trigger a violation. Also, since the 209A & the extension is civil in nature it would likewise not trigger a violation. If there were additional facts associated with the extension, including for example, new threats of violence, or let's say that you were supposed to remain alcohol free and the evidence at the hearing indicated that you were clearly intoxicated while making additional threates, it might trigger a violation, althought not likely.
No, the 209A is civil in nature. The extension of the order will not trigger a probation violation. You should be aware and be very careful however that an allegation that you violated a 209A order IS a criminal offense and WOULD trigger a probation surrender.