Q: Was awoken at 4am to spouse yelling, she called police, i was taken to jail for (false) domestic disturbance. What to d
Was asleep and she woke me up, she was mad, next thing i knew the police were there and i was taken to jail. We have a child together, and i love her children from a previous marriage like they're my own. She has been asking for a divorce for about a year and is now seeing another man, she has kicked me out of the house multiple times, and i give her that space then. I still want to work things out so I won't file for divorce.
I'm not sure how to prove allegations are false in domestic dispute. Ticket sited previous alcohol conviction, i wasn't drinking-i was asleep-had to work the next day. Wouldn't the citation of previous alcohol offense be invalid because a breathalizer wasn't done?
Have to use a public defender-worried they will assume guilt because of the stigma of men in domestic violence cases.
A: I don't what relevance the prior alcohol conviction would have relative to the domestic assault allegation. Domestic Assault allegations are notoriously hard to prove especially if there aren't signs of physical injury. Especially given that she had motive to make up the allegations. Work with your public defender if you cannot afford private counsel. There are some very good public defenders out there.
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