My question involves criminal law for the state of: CA
My Ex wife and I have been trying to work out our differences and two nights ago had an incident.
She had been drinking wine heavily which started our argument. After verbally battling back and forth
for a while she punched me in the face and stomach repeatedly. I was able to avoid any major injury
but in my moment of panic i called the police. I understood she was drunk and had never been physically violent.
I asked the deputy to please talk to her and calm her down but they arrested her for Domestic Abuse instead.
I did not want her to go to jail over this altercation but they said thats the law.
She has been in jail two days now waiting to see a judge. She had a DUI 8 years ago and she mentioned they were
trying to use that in court. I understand it was a bad night for her, and what she did was wrong but I feel as if the court
is really trying to stick it to her.
We have two kids together, I live out of town and she has joint custody with me but the kids live with her. The kids are staying with her parents while
this unravels. My quest is,
1.Can her past DUI offense be used against her?
2.What the odds that she will do time for a first time offense?
3.Is there anything I can do?
She messed up, but i do not feel that she deserves this.

