( CNN ) -- She 's won a new trial . And now , Marissa Alexander may learn Wednesday whether she can get out of prison while she waits for that trial . In a Jacksonville , Florida , court , a judge is expected to decide if Alexander will be released on bond in a case that has drawn national attention . In September an appellate court ordered a new trial for Alexander , who was sentenced to 20 years in prison for firing a gun to scare off her allegedly abusive husband . The case will be retried because the jury had incorrect directions , the court ruled . Alexander 's case gained the attention of civil rights leaders , who say nobody was hurt and the sentence for the mother of three was too harsh . The case shined the spotlight on Florida 's Stand Your Ground law after she unsuccessfully argued before her 2012 trial that she was immune to prosecution because of the law . But now , Alexander says she 's just hoping she can see her children as she waits for her complicated case to be resolved . Alexander `` has not had regular access to her 3-and-a-half year old daughter '' since she was 6 months old , her lawyer said in court documents urging a judge for a pre-trial release . But a lawyer for Alexander 's estranged husband , Rico Gray , says he has concerns . `` She had bond once on this case and she went over to my client 's house and she gave him a black eye , and got arrested , though she was told to stay away from my client , so I do n't think he necessarily wants her to have a bond again , '' said Richard Kuritz , Gray 's attorney . A police report from that time shows that Alexander was arrested for a domestic violence offense connected to an altercation with Gray . According to police reports , Alexander had no injuries , but Gray had a bloody swollen eye and told police Alexander had punched him . Alexander 's attorney says things are different now . Her client is finalizing a divorce with Gray and they will have no contact with each other . The hearing is set for 4 p.m . ET Wednesday . In the old case , Alexander claimed self-defense , saying she was attempting to flee her husband on August 1 , 2010 , when she picked up a handgun and fired a shot into a wall . She said her husband had read cell phone text messages that she had written to her ex-husband , got angry and tried to strangle her . State Attorney Angela Corey had said the case deserved to be prosecuted because Alexander fired in the direction of a room where children were standing . Corey had said she offered Alexander a plea bargain that would have resulted in a three-year prison sentence , but Alexander chose to take the case to a jury trial , where a conviction would carry a mandatory sentence under a Florida law known as `` 10-20-life . '' The law mandates increased penalties for some felonies , including aggravated assault , in which a gun is carried or used . CNN 's Gary Tuchman and Alina Machado contributed to this report .
Alexander said she fired a warning shot to fend off her allegedly abusive husband . A court ordered that she can get a new trial . Her attorney is hoping she can be released until that trial .