Q: How can you prove innocence in a probation violation if the police only took one side of the story and turned it in?
My x wife told cops I violated my no contact order with her when in fact I only ever contacted her mom to set up visitation for me and my kids! She had to have told police that my messages to my mother in law's phone were to herself pretending the phone was hers and no police ever tried to contact me regarding anything, they just took her side of it and turned it into my po, then I get a show cause hearing in the mail for revocation of my probation! I don't know what to do I was told by my divorce attorney I was supposed to contact my mother in law regarding visitation as she is the "supervisor" please help asap
A: You need a lawyer to help you. A probation violation, if admitted to or proven, could lead to incarceration.
Your lawyer will obtain a copy of the violation against you, which may contain more specific information concerning the date, time, and location of the alleged violation(s). There may be evidence to contract your ex-wife's account, such as: phone records (with cell phone tower location(s)); alibi witnesses; business records (time cards); etc.
Certainly your ex-wife may have a motivation to make this allegation up, such as: child visitation issues; anger; jealousy; child support/alimony issues. Your lawyer will have to explore this as well with you.
It may boil down to a credibility determination by your Judge. In any regard, make sure you have proper legal representation.
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