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What will happen if my domestic battery probation was violated due to a police report made of harrassment and there is no proof

Jacksonville, FL |

i was placed on probation for a domestic battery and sentenced to one year probation and first step classes, ive attended my classes and paid on my fines thus far, and recently my ex called jacksonville and claimed i was harassing her, in the report while i was being interviewed by police, she called several times and said i was still harassing her, i have copies of police report and supplement...would these aid me in court during my hearing? or am I facing jail time? or would they reinstate my probation?

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Attorney answers 1


It isn't clear from your question exactly what is contained in the police report and supplement. Is there some proof there to indicate that your ex was lying about the harassment?

In any event, if you are accused of violating your probation, the state must prove by a preponderance of the evidence that you have committed a willful and substantial violation of the terms and conditions of your probation. If the judge finds that you violated, § 948.06 of the Florida Statutes, linked below, gives the judge discretion to revoke, modify or continue your probation, or to place you on community control.