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

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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

Answers:

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. 


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