My boyfriend was arrested for domestic violence but not convicted yet, is this considered a probation violation?

This is his second arrest since his original offense of DUI. Will he receive a 3rd strike for this even if he has not been convicted and I’m not pressing charges?

Asked on July 14, 2010 under Criminal Law, California


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If your boyfriend was on probation at the time that he was arrested for the domestic violence matter then I would say yes, he is most likely in violation of his probation.  Generally a term of probation is that you are not arrested while you are on probation but your best bet is for him to seek help from an attorney in your area.  How this will effect him is best known by someone who can look at the facts before them. You asked about a "3rd Strike."  Was he arrested or convicted before for other issues besides the DUI and the DV issue? Your not pressing charges may not matter here. Seek legal help as soon as you can. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.