Dear Lindsey,
I absolutely recommend your boyfriend present himself in court with an attorney, if you want him to have a chance. Preferably, it should be the attorney who represented him at the time he pled guilty, since s/he would be familiar with the terms of the judge's sentence. It is in your boyfriend's best interest to meet with an attorney ASAP so that he can provide a valid reason and/or proof as to why he disobeyed the court order. The attorney can request an adjournment for the hearing and attempt to work out a guilty plea to the violation of probation with the prosecutor, in an attempt to limit the time he faces in jail if left in the judge's discretion.
I assume your boyfriend is incarcerated at this time. If out on bail, he should visit his doctor immediately, if he has a legitimate medical excuse, or he should visit a therapist and request an evaluation for his destructive behavior -- domestic battery and disobeying a judge's order -- it will be better than walking into court without any excuse for not only violating probation, but also violating the judge's court order. Judge's treat this sign of disrespect very seriously. Accordingly, defendants who disobey the court's order are sentenced harshly.
Your boyfriend is entitled to a hearing in which the prosecution and the office of probation must prove he violated the conditions of his probation. They will have an opportunity to present evidence he did not attend the batterer prevention program, anger management classes, and the appointment with his probation officer. Your boyfriend will also be given an opportunity to plead guilty to the violation, which usually results in a lesser jail sentence than if he is found guilty after the hearing.
The amount of time your boyfriend faces in jail depends on the charges he pled guilty to, its minimum and maximum penalty. It also depends on what the judge advised him at the time of sentence, which your boyfriend should know. A judge must always tell a defendant the minimum and maximum jail time he faces if he violates the conditions of probation. You can order the minutes of the date of sentence, speak to the attorney who entered the plea, or request a copy of the order contained in the court file.
If your boyfriend does not have an attorney, and cannot afford one, he should request the court appoint an attorney.
Best of luck!
Sincerely,
-- Laura Miranda
