Unlawful Restraint Texas

My question involves criminal law for the state of: Texas My ex wife claimed that I held her down on the bed and would not allow her to get up. She swore out a complaint in an attempt to get a protection order from the D.A. When that did not happen quickly enough she hired an attorney and paid to get a temporary protection order. When we went to Family Court the judge said that they found family violence had not taken place so I was not stripped of my parental rights(we were divorced only two months prior to her claim) and the protection order was denied. I believe the judge made the decision because the person that picked me up from my ex's home on the evening that my ex alleges the event took place testified that everything seemed normal. He said hello to her and she responded. My ex says the event happened around 10:00p.m. however, my friend picked me up between 9:00 and 9:30 that evening. Three months later I am arrested and charged with Unlawful Restraint. When I went to court my attorney was surprised that it was not dismissed because, as he told the prosecutor, I have already been to court on this matter. I am set for a jury trial in early 2010. My ex did not show up at the Unlawful Restraint court date and I don't think she will be at the trial.
Q.1 If the judge in family court dismissed everything can I be tried in criminal court?
Q.2 Is this double jeopardy to be tried twice in two different courts for the same offense?
Q.3 If my ex does not show up as a witness to testify for the state is there a better chance of dismissal?
Q.4 Why would the prosecutor not dismiss the case when I went to court after being arrested?

My attorney informed the prosecutor that we have witness testimony and that the witness for defense is her today. If anyone can help with a few answers or if I need to clarify, please respond

1. Yes.

2. No. The restraining order proceeding was civil, not criminal.

3. Yes.

4. Presumably because he believes there's probable cause that you committed the crime.

I am not sure if the prosecutor had time to examine the case before telling my attorney that it would not be dismissed and setting it for jury trial. If he had examined it would the witness testimony from civil (family) court have been enough to possibly get a dismissal? I am asking in hopes that when the prosecutor does get a chance to examine the case maybe it will be dismissed on the trial date.

Quote:

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Quoting Mr. Knowitall

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1. Yes.

2. No. The restraining order proceeding was civil, not criminal.

3. Yes.

4. Presumably because he believes there's probable cause that you committed the crime.

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Would past police reports(prior to family court) be probable cause? Would police reports from the time of family court(May) and until the time of arrest for the charge(August) be probable cause?

When I went to family court the judge consolidated the divorce and the modification together. My ex was seeking a modification of the parent child relationship as well as a protection order The judge placed an injunction on me that I could not go within 500 feet of my ex. We have supervised exchanges for visitation as per the judges orders, I also cannot contact her except in an emergency involving the children when they are in my possession.I have called a couple of times and left messages, one telling her that she is a bad mother(I know, not a good idea) because she is attempting to alienate me from the children. My ex has made harassment reports for the calls. If the state picks up the charges will I be arrested when I go to court in a few months? The only chance that I have is the fact that I have witness testimony. My ex talked to my sister long distance and she told my sister that I was just filing my nails pacing back and forth. She won't lie to my sister and did not say anything about her allegations. Would a notarized statement from my sister help my defense? It seems as if a woman can make a claim against a person that she has been intimate with and the man has no defense against it here in the state of Texas. Is that pretty much true?