Family Law Questions? Ask a Family Lawyer Online.
I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.
It is in your best interests to take a lawyer with you to the restraining court hearing next week, because judges in this case are unfortunately predisposed to believe the alleged victim. On top of that, if she is granted a permanent restraining order, you won't be able to see your son until you go to family court to seek a custody order. A family court judge will be less likely to grant you custody or visitation if there's a restraining order against you. So, even though she's lying, the consequences if the judge believes her are strong enough that it really can help to have a lawyer on your side in court.
I'm not trying to scare you, I just want you to be prepared for what could happen. Someone who is trained in questioning witnesses will be better able to prove that she's lying.
The judge should give you an opportunity to speak, and you're not required to bring someone to speak for you. Due process requires that you get notice of the charges against you and an opportunity to be heard, and that means you can talk at the hearing. You can also produce witnesses, if you have any, and any evidence you have that she fabricated the charges.