Asked 9/17/2016 – Dallas, TX

We were together May 2014-Nov 2015 and had a baby in August 2015. He’s been getting in trouble since 2009 for theft, evading arrest, drugs; he even did 10 months in prison in 2012/2013 for credit card fraud. (I didn’t know about any this until after I got pregnant.) Currently he is on 6 years deferred adjudication probation for (two 3rd degree felonies and one misdemeanor) Domestic Violence against me (Nov 2015.) He got out of jail in Feb 2016 and had an ELM. In April he got the ELM off and in June he finished his substance abuse class. A few days ago I was informed that there is a warrant out for violation of probation. When I looked it up it says he has a ticket out for fare evasion ($262.60.) I called my advocate and she said that’s not what the warrant is out for. My advocate told me June 2016 was the last time he showed up to take a drug test and it was positive for weed and cocaine. He hasn’t done any community service, hasn’t showed up for his domestic violence classes, and he hasn’t paid any of his fines or fees that he is supposed to. I told her he STILL contacts me from different phone numbers even with the protective order still active. Will his probation be revoked?

Answer

If a motion to revoke is filed and the allegations in the motion are found to be true, the Judge can: 1) continue the probation, 2) modify and/or extend the probation, or 3) revoke the probation and send the probationer to jail. What will happen in this specific case depends on the specific facts, the recommendation of the probation department and District Attorney’s office, and what your child’s father will or will not agree to do.