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My question involves restraining orders in the State of: CA
My wife filed a restraining order against me.
She lied to the police telling that I pulled her hair. Police arrested me for battery 243(e)(1). The next day my wife filed for a temporary restraining order against me.
The court date for the TRO is before the court date for the battery charge.
How can I respond to the TRO? How can I prove that I did not pull her hair? Pulling hair does not leave any marks.
You should respond through your lawyer. Seriously -- you are facing a criminal charge, and it's not particularly uncommon for respondents in TRO proceedings to say all of the wrong things in court. Your statements at the TRO hearing could potentially be used against you in subsequent criminal proceedings.
When the only evidence for an alleged battery is two competing witness accounts, your goal is to prove that your account is more credible than that of the other person -- more technically in a criminal prosecution, to prevent the prosecutor from proving that her account is substantially more credible than yours, based upon the full facts and witness testimony.