Falsely accused of domestic violence

What is the name of your state? Florida

From Ybert's Fiance:

Some words of encouragment needed as well as past experiences.

I have custody of my 8 yr old son, I recently filed for a modification of visitation which I am still awaiting for a trial date. This past week my x-wife showed up to drop my son off unannounced and I was the one scheduled to pick him up at her house at a later time but she misunderstood the court order. I have gone through this misunderstanding of the court order with her for several years now. we had a verbal fight and she left. later that night the police appeared at my house to arrest me because she was in the hospital after I alledgedly assulted her. My fiance and a neighbor across the street were outside and saw the entire thing. I never touched her. she has a history of showing up unannounced and I have police reports stating so but she claims that she is so afraid of me. she also had supervised visitations at my house with our son and she stated on her statement that I used to hit her on a regular basis while we were married but there is no history and I was the one to file for divorce 3 years ago.

I now have a TRO and my son was taken from my house. the statement she made is very contradicting and I have 2 witnesses. my hearing is on friday and I also have an arraignment hearing for the criminal case the following week. I was charged with simple battery and I do not have any previous records. I want to know how well the judges in our court system know when these allegations are false and what usually happens in a case like this. what takes place at an arraignment hearing and can i still get charged?

Thanks in advance.

Beating the Rap!

From what you posted, it looks as if you have a good case. I highly recommend you retain an experienced attorney to represent you in the criminal and the Protection Order hearing. Your attorney can subpeona witnesses, ask questions, and apply for new orders to limit your ex-wife's behavior.

Good Luck!

Falsely accused

Well I went to my TRO hearing and although it was continued because she resquest time to retain counsel, my son was returned to me after the judge found out that i have custody. my attorney did not object to the continuance since i have 2 witnesses and i didn't do what she is alledging. the hearing turn out good as i think the judge saw right through these allegations.

Today i find out that she did the exact same thing to her roommate a week before she accused me of attacking her. Her roommate told me that a police report was made but that she was not arrested beause there was no evidence of the attack she alledged from the roommate. my question now is, can i use her roommate's case in my next hearing and can her roommate testify?

Her roommate has been trying to get a RO on her but has not been able to because she has no evidence of what has been going on. She wants to testify at my hearing because my x told her a while back when they were still freindly that she would do this to me some day to get our son back. i can't wait till tuesday to ask my attorney as this is very exciting news and can clear me of these false charges. thanks in advance!