TLDR: [RI] Custody after a false DV accusation?

My [35M] STBXW [40F] blindsided me with divorce on 7/1. We have a now 4year old and a 9 month old.

After a week or so after she told me she filed, I accepted the fact that nothing I could do would change her mind. We went through the mediation process. After living together for 8 weeks (she wouldn’t move out as her lease didn’t start until 9/1). We completed meditation, I felt I comprised a lot, including letting her have the kids for every Thanksgiving and Christmas Eve. Not splitting our pensions or 401ks, (she has larger pension benefit and 401ks than I do) she agreed to this as it was in her favor. She seemed to have had an issue with having 50/50 legal and physical custody, however, we agreed that we both need to be an equal part of the children’s lives and she finally agreed to 50/50.

During the 8 weeks of still living together, she had been provoking arguments. I resisted each time. The last argument that she provoked, was 1 week prior to her moving out and 4 days after we completed our mediation and sent a final version of our MOU to our respective lawyers. Well, due to tension and stress of the entire situation ,the last provoked argument was a verbal. I said “ I F*cking hated her and I couldn’t wait until she was out of the house “. I also told her that all her items being stored in the garage, were going to be put in the driveway and for her to get a UHAUL. As I began moving her things, not destroying or damaging anything, she chased after me and she went “hands on” grabbed my shirt, arms and hands to stop me. This was all caught on my home security cameras. She then called our police department’s non-emergency line, twice, the first time she wrote in the witness statement that her hands were shaking so badly that she missed the menu options the first time and had to call a second time….she did not call 911… the video I have, shows her not fearful at all while chasing after me.

The police, 3 officers,showed up, quickly , she stated that we were going through a divorce, had gotten into a verbal argument and also added that “ I pushed her with my body”. Which I did not. The cops did not care at all what I had to say. This resulted in me being arrested and charged with simple domestic assault, there was absolutely no evidence that anything physical occurred on either of us. The wall she stated I pushed her into, there was no damage and two hanging pictures were not even slightly crooked (as shown in police body camera footage). I have never been in trouble with the law before, I have no record, not even a speeding ticket.

I have not seen my children in 5+ weeks as DCYF (CPS) has to investigate as the children were home the time, I am still waiting for the results. I also have a no contact order on me, to my stbxw.

In my first pretrial hearing for the DV charge, she was informed that the case was very weak. On body camera footage, one of the cops asked her “what she wanted to do? have me sleep at a friends house for the night or have me arrested?” She said that this had consequences on my custody and alone time with my children..the cop asked the same question again and she said “I want him arrested” As well as another police officer (I saw on body camera) coached her what to say on her police report , such saying to her “we have to make sure we write on the report the correct things…to make the charges stick”. Also, when asked by the same cop if she ever had a protective order against me in the past, she responded “I was told I couldn’t have one until I felt scared or threatened.” The cop said “well you have one now” and she smiled. This also was all recorded on police body camera.

However, she did not want the charges dropped in the first pretrial hearing and my next pretrial hearing is scheduled in 4 weeks.

My criminal lawyer is extremely confident the DV charge will be dismissed if this goes to trial.

Another reminder to stay as calm as possible.

What do you think are my chances when the DV is dismissed that the family court judge will follow our prior mediation agreement? I’m in RI if that matters.