probation only if found guilty?

Joshua5

Only so just to begin the new year in great fashion I've just got a letter for a probation report.

TO give some backround, I had a safety order issued against me. It is in appeal as we speak, its for two years and it'll be 12 months before it's heard.

I was married 10 years, we split and I fell in love with someone else. There is no history of domestic violence or anything of that nature.

The week after my ex wife found out my new partner was expecting our baby she made these wild claims of abuse to exclude me from the family home.

It was to my surprise granted, no evidence required and it was my word against hers. When I say no evidence I mean no evidence.

Anyhow a few months later she text me to say come and collect the kids she was sick. I went up, when I was collecting them she kicked off and stuck the safety order in my face and said she's in fear and called the gardai.

I waited for them, calmly and was taken away on a saturday not to be released until the Monday at a hearing before a judge.

I've been in court about 6 times now on the breech of the order, it's dragged on so long that the baby is born and all so I thought things would die down. Anyway, in the case she said I wasn't invited up and I produced the evidence of the messages. It actually wasn't taken into account. She said I was shouting at my son and her. I never did this, I had my partner with me too. I'm not like that in anyway.

Well I was up in December again, produced this along with a lie detector report from a reputable company that has been used in the high court. The judge did view it as evidence along with the evidence that she was lying and I was indeed at the family home on invitation.

Now I have to go to a probation meeting, so should I assume they are finding me guilty? How does one appeal such a matter? This has serious consequences to my case for access to my children, she is using this as an upper hand in divorce proceedings and as she gets legal aid she seems to be dragging me to court or insisting on solicitors letters for anything to do with the kids.

I think I'm screwed, I had thought that for the criminal charge the evidence would have to be there and there is none. Its again her word against mine but my word seemly doesn't hold water for anything in the district court.

Pat Mustard

Mod:

EDIT: this thread contains a request for legal advice. While we can appreciate that you must be in a difficult situation and we sympathise in that respect, it is not appropriate that this matter should be discussed here. You will need to speak to your solicitor.