This is all in Massachusetts. The original 209A was granted a month before the DUI arraignment and subsequent Continuation without a Finding (CWOF) disposition through the 24D DUI First Offender program. A month before that, a domestic assault and battery (misdemeanor) charge against me was dismissed without prejudice. The same person who filed the 209A complaint, my ex girlfriend, was the alleged victim in that charge. The 209A extension would occur in the middle of my probation and I am concerned that it may prompt probation to surrender me as in violation of probation. I did not attend the original 209A hearing.
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.
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