What Happens if I Violate My Probation?

Probation is an alternative to imprisonment that may be imposed after a guilty plea or criminal conviction. It allows individuals to remain in their community under certain conditions, typically under the supervision of a probation officer. If you are on probation, it is important to know exactly what is required to avoid a violation. Criminal defense lawyers can help you understand your rights and assist you if you are found to be in violation of your probation.  

Types of Probation in PA

There are several types of probation in Pennsylvania, including:

• Unsupervised / Informal Probation – This type of probation is granted to low-risk offenders—either in-person or via telephone.

• Supervised Probation – Offenders are required to periodically report to a probation officer.

• Community Control – Typically involves the use of a GPS ankle tracker while on house arrest, commonly referred to as Electronic Home Monitoring.

• Shock Program – Offenders first serve a short jail sentence and are then placed on probation. This is intended to “shock” them into compliance with probation terms, or to prevent the commission of future offenses.

• Intensive Supervision – This type of probation is very structured and involves rigorous supervision, programs, and costs.

There are several factors that can affect the terms of probation, including the type of crime and whether a sentence is imposed by federal, state, or county courts. Regardless of which type of probation you may be serving, violations of terms can have serious consequences. 

Probation Violations

Different jurisdictions have varying standards for what constitutes a probation violation. There are two types of general probation violations in Pennsylvania: technical violations and criminal offenses.

Technical violations occur when an offender fails to meet the terms and conditions of their probation. Terms of probation may include:

• Contacting your parole officer as scheduled

• Drug and alcohol testing

• Notifying your probation officer about changes in employment and where you live

• Remaining employed or in school

• Finishing mandatory drug or alcohol counseling

• Paying fees, fines, and restitution

If you are arrested for a crime while on probation, it is considered an automatic violation and your probation officer can arrest you immediately, or lodge a “detainer” if you are already incarcerated. You are entitled to a probation hearing in which you can have an attorney to represent you. A judge can modify the terms of your probation or decide on another course of action, such as incarceration.

For example, if you are on probation for contempt of court because you failed to pay child support, you may face jail time if you miss payments. A child support lawyer can help you understand the terms of your probation so you can take care to avoid any violations.

What if I Violate My Probation?

Many factors can have an impact on what happens if you violate your probation, including the severity of the crime, whether it is your first violation, and other issues. Depending on the circumstances, a judge may:

• Revoke probation and require you to go to jail for the remainder of your sentence

• Revoke probation and add another sentence, up to the maximum for your original crime

• Extend your probation

• Modify your probation terms to include more sever supervision

• Require mandatory enrollment in counseling or a drug and alcohol rehabilitation program

• Order additional community service

Probation violations can have a ripple effect that can impact your employment, family, and other aspects of your life. If you are dealing with custody issues due to a violation of probation or a Protection from Abuse order (PFA), it is critical to contact a child custody attorney right away.

Whether you need assistance with criminal charges, a probation violation, or are trying to find a divorce lawyer, our experienced team can help.

This blog was originally posted on https://pa4law.com/what-happens-if-i-violate-my-probation/

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Proving Domestic Violence in a Divorce

 

Domestic violence is a serious matter that has an impact on families throughout the US every day. Domestic abuse can have an impact on certain aspects of your divorce, so it is critical to find a divorce lawyer who can help you gather and present all relevant evidence to prove domestic violence and help you get a Protection From Abuse (PFA) order if necessary. Unfortunately, abuse can escalate when one person ends a relationship, so it is crucial to have a plan and think about your safety and the well-being of your children.

How Domestic Violence Can Affect Divorce Cases

Domestic violence can be a factor in a divorce when the courts make determinations about matters such as:

- Property division

- Child custody

- Spousal support

- Alimony

- Other issues that may be unique to your circumstances

Regardless of whether you are the one being abused or you are being accused of domestic violence, it is important to document everything to prove your side of the story.

How to Prove Domestic Violence

Criminal Convictions and PFA Orders

Whether it is a criminal or civil matter, courts make decisions based on facts. If domestic violence is an issue in your divorce, you will have to provide adequate evidence to show that it took place. The most straightforward way to do this is to show evidence of a criminal conviction for domestic abuse. If your spouse was convicted of a domestic-related offense, the family court will typically consider it sufficient evidence that abuse occurred. If you or your children have been victims of domestic violence, filing for a protection from abuse order can help protect your safety and provide evidence as well.

Witness Testimony

It is important to report incidences of abuse to law enforcement every time they happen, even if they do not result in criminal charges or a conviction. Law enforcement officers can testify as witnesses in domestic violence and divorce cases, as can friends, family members, teachers, doctors, social workers, or anyone who heard or saw the abuse. Although it may be daunting, you can also testify. In addition to helping you settle other matters involved in your divorce, your attorney can help you prepare before you testify and act as your staunch advocate in court.

Proof of Injuries

If you went to the emergency room due to injuries caused by your abuser, medical records related to incidences of domestic violence can provide compelling evidence. Photos of your injuries can also be helpful in proving domestic violence in a divorce case.

Other Proof of Abuse

Another way to help prove domestic violence is to document everything. Keep a list of the dates, times, and details of each incident, what your spouse did and said, and any witnesses who may have observed the behavior. This can help prove a pattern of abuse and have a significant impact on issues like child custody. In addition, save any emails, text messages, voicemails, or social media posts/messages from your spouse. Having an experienced divorce attorney by your side can help you get through a contentious divorce, protect your interests, and hold your abuser accountable.

If you need assistance with divorce, issues surrounding domestic violence, child custody, or other family law matters, contact a Pennsylvania divorce lawyer today.

If you or someone you know needs help, contact the National Domestic Violence Hotline at 1−800−799−7233 or TTY 1−800−787−3224.

This blog was originally posted on https://www.pa4law.com/proving-domestic-violence-in-a-divorce

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