Ernest Dominguez keeps testing the limits of his probation — and the patience of judges.

Thus far, the 37-year-old former Salazar Elementary School teacher, who pleaded no contest in 2008 to molesting four students at the school in 2001 and 2002, has been allowed to avoid prison despite repeated minor probation violations.

On Monday, Dominguez, who lives in Tucumcari where he is registered as a sex offender, was again able to return to probation instead of being sent to prison.

State District Judge Stephen Pfeffer denied a prosecutor's motion to revoke probation.

But this time, Pfeffer said Dominguez could duck prison only if his parents, who also live in Tucumcari, agreed to an arrangement that allows their son to visit at specified times but puts them in direct contempt of court if they fail to report any violations of the agreement.

According to a report filed by the state's Adult Probation and Parole office, Dominguez has committed at least four probation violations between Oct. 13 and March 4, prompting a request from Assistant District Attorney Charles Baldonado to revoke the former teacher's probation.

A report filed by a probation officer said, "This offender picks the instructions he will follow."

According to a probation and parole report, the most recent violation occurred when Dominguez made an unannounced visit to his parents' Tucumcari home. Under the conditions of his release, Dominguez is required to get prior approval from a probation officer because his parents live close to a school.

When confronted about the unscheduled visit, Dominguez reportedly told the probation officer he had just arrived at his parents' home. But a review of his ProTech tracking system — an electronic-monitoring device — showed he had been there for some time.

"Offender again was deceitful to the probation office," the report stated.

The report also said that Dominguez was caught twice driving an unregistered vehicle — once on Oct. 12, when he attached a friend's license plate to his car, and again Nov. 12, when he taped a temporary registration for another vehicle to his back window. In both instances, a probation officer made it clear to Dominguez that doing so was a violation of his probation.

A report on March 2 indicated that while Dominguez is required to be applying for jobs in the Tucumcari area, probation officers didn't believe he was doing so. When asked to disclose the locations of businesses where he had applied, Dominguez "changed his story" and stated he had only talked with the businesses and did not officially apply for jobs.

While the individual violations appear relatively innocuous, they are part of a pattern.

Dominguez appeared before Pfeffer in August after it was discovered he had been averting court-ordered counseling sessions because he could not afford the $40 to $50 fees. He quit going in August 2009, only nine months after he was sentenced to five to 20 years of probation.

He admitted in August that he had been lying to probation officers about attending the counseling sessions.

A prosecutor at the time asked that Dominguez be sent to prison for three years, reminding the court the man's original indictment contained more than 50 counts of criminal sexual contact of a minor in the Santa Fe case and that previous molestation allegations that arose in the Tucumcari school district were considered during his 2008 sentencing hearing.

Pfeffer in August told Dominguez he was running out of second chances.

"It's going to be imperative that you never lie to probation," Pfeffer warned in August.

Dominguez lost a job at a Tucumcari La Quinta Inn after he was arrested last summer and has had trouble since finding work.

There have been no allegations of contact with children since his 2008 sentencing hearing.

Contact Geoff Grammer at 986-3076 or ggrammer@sfnewmexican.com. Read his blog at SantaFeCrime.com.