Is a protective order used to revoke a defendant's probation?

California, United States of America


The following excerpt is from People v. Wyrick, B272089 (Cal. App. 2017):

We reject appellant's suggestion that, because the court relied on the protective order when, on May 2, 2016, the court revoked appellant's probation, the revocation was erroneous. Proof of a probation violation by a preponderance of the evidence is sufficient to revoke probation. (People v. Rodriguez (1990) 51 Cal.3d 437, 446 (Rodriguez).) Trial courts have broad discretion to determine whether a defendant has violated probation and whether, as a result, the court should revoke probation. (Id. at pp. 443, 445.)

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