QUESTION:
I’m going through a divorce and my ex had me arrested for domestic violence against her, which isn’t true. She told police that the mark on her neck was from me, but in reality, she got it filling the big dumpster we rented to clean out the house and garage. She even told me that’s how she got it earlier that same day that she had me arrested. Now I have to go to a show cause hearing over a he said, she said lie. And if the judge believes her over me, I could go to jail. How can I defend myself against her false allegations at the show cause hearing so it won’t go to trial (and so I won’t go to jail)?
ANSWER:
I’m sorry to hear about your recent difficulties. Because the phrase “show cause hearing” is not often used in criminal cases in California, I’m going to assume that the jail time to which you’re referring would stem from violating a court order in a family law case. (Though a criminal case may be forthcoming.) Based on that assumption (which may be completely mistaken) it seems that there was a preexisting order not to molest, annoy, threaten, or harass the other party. One encouraging piece of information I can give you is that the judge believing the other party over you is not enough for you to be sentenced to jail. Rather, the judge would have to believe the allegations against you beyond all reasonable doubt. I recommend you hire an attorney.
