Drug Test Failure, No Contact Order vs Restraining Order & Travel Rules

1. What Does Probation Mean?

Probation is a court-ordered period of supervision that allows an offender to stay in the community instead of going to jail or prison as long as they follow certain rules set by the judge or probation officer.

Key Points

• It is considered an alternative to incarceration.
• You remain in the community but under legal supervision.
• If you violate probation, you may be sent to jail or prison.
• Probation is usually part of a criminal sentence.

2. Types of Probation

Probation isn’t the same for everyone. Courts offer different forms depending on the crime, behavior, and risk level.

1. Supervised Probation

• Requires regular check-ins with a probation officer.
• Most common form.
• Includes drug tests, home visits, and treatment programs.

2. Unsupervised Probation

• No regular check-ins.
• Only requirement is: don’t break the law and follow court orders.
• Usually for minor offenses.

3. Intensive Probation

• Strictest form.
• Frequent testing, monitoring, home checks.
• Sometimes includes GPS ankle monitoring.

4. Court Probation (Bench Probation)

• All conditions monitored directly by the court instead of a probation officer.

5. Juvenile Probation

• For underage offenders.
• Focuses more on rehabilitation and counseling than punishment.

3. Common Probation Conditions

Every person on probation receives a list of rules. Typical conditions include:

• No drugs or alcohol
• No contact with certain people
• No leaving the state without approval
• Attend counseling or classes (anger management, drug rehab, etc.)
• Stay employed
• Regular drug testing
• Community service
• Pay fines or restitution

Failing to follow these conditions may lead to a probation violation.

4. First Failed Drug Test on Probation

This is one of the most common questions:
What happens if you fail your first drug test on probation?

Typical Outcomes

The result depends on:

• The state
• The judge
• Your criminal history
• Whether the case involves drugs

Possible Consequences for the First Failed Drug Test

1. Warning from probation officer
   If you have no prior violations, you might get a verbal or written warning.
2. Mandatory drug counseling or treatment
   Court may order rehab, NA meetings, therapy, etc.
3. Increased testing
   More frequent drug tests to monitor sobriety.
4. Extended probation
   Judge may add more months or years.
5. Short jail time (rare for first offense)
   Some courts use a “shock sentence” of 24–72 hours.
6. Probation revocation (for serious cases)
   If the charge is drug-related or violent, probation may be cancelled and you may face jail or prison.

5. No Contact Order vs Restraining Order

People often confuse these two terms.
Here’s the difference:

No Contact Order

• Issued by criminal court.
• Usually in domestic violence, assault, or harassment cases.
• Defendant cannot contact the victim in ANY way.
• Violating it is a criminal offense.

Restraining Order

• Issued by civil court.
• Anyone can request it (not just victims of crimes).
• Can restrict specific behaviors or movements.
• Violations may lead to arrest.

Key Differences

6. Can You Leave the State on Probation?

Most people on probation cannot leave the state unless they get written permission.

General Rules

• You must request a travel permit from your probation officer.
• Travel without permission = probation violation.
• For interstate travel (between U.S. states), special approval may be required through the Interstate Compact.

When Travel Is Usually Allowed

• Family emergencies (with proof)
• Work reasons (with employer documentation)
• Medical treatment
• Court-approved relocation

When Travel Is Usually Denied

• Drug-related cases
• Violent offenses
• Recent violations
• Failure to pay fines or complete programs

7. Probation Violation & Consequences

A probation violation occurs when you break ANY condition of your probation.

Common Violations

• Failing a drug test
• Missing probation appointments
• Leaving the state without permission
• Getting arrested
• Failing to pay fees
• Violating restraining or no-contact orders

Consequences

1. Warning
2. Stricter probation terms
3. Extended probation
4. Community service
5. Jail time (short-term)
6. Probation revocation

Severity depends on your:

• Criminal history
• Type of violation
• Case seriousness
• Judge’s discretion

8. Final Summary

• Probation = A supervised community sentence instead of jail.
• First failed drug test may lead to warnings, treatment, or jail depending on severity.
• No contact order = criminal court → strict, mandatory.
• Restraining order = civil court → protective, broader use.
• Leaving the state on probation usually requires written permission.
• Violations can lead to jail or full sentence reinstatement.