Legal Question in Family Law in California

On monday aug. 17 i went to pick up my daughter from her moms house. when i got there she was refusing to let me take her because i smelled like beer. i did have 4 beers that day from around 3 to 730. i felt a lil buzz but i was not driving i had a friend with me aho drank 1 less than me in the same time period. my fathers friend died so that is why i went to visit him and had a few. when i got there her dad tells me im not taking her and to come back the next day but they didnt relize i was not driving because they were both attacking me right away and i had my 2 year old in my arms and i was trying to walk away, not to the car, away from all the yelling for my daughter. he would not let me by so i told him to get out of my way and he wouldnt so i pushed him back so i could get by. it wasnt aggresive it was letting him no to get out of my face. then while i was holding my daughter he punched me in my face and i then handed my kid to my friend because he was still coming towards me. we started to fight and he hit me again and then i got a punch in and he fell. he is over weight so when he fell he fell on his ancle and broke it. then i punched him around 5 more times because i was really angry he hit me with my daughter in my arms and kicked in his back once. his nose got broke and his eye was swolen. i went to jail and bailed out for battery. they also took my friend in for being drunk in public but they didnt even give us any kind of breathalizer or blood test. i even asked for 1 cause i knew i was not intoxicated. they ignored me so i just shut up and used my right to remain silent. now she is getting a restraining order against me from herself, her dad, and my child. we had a verbal agreement that we each had 50 percent custody until she got older and we figured things out. i am not a violent person and i believe i am actually a really good dad. How can i see my child. or what steps should i take. i go to court on the 25 of aug. and for the restraining order on sept 9. please please let me know everything you can to help me out. i was completly honest. thank you very much.


Asked on 8/20/09, 2:14 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

There is only one answer. Retain an attorney tor represent you in the pending criminal case and if necessary another attorney to represent you in the domestic violence case. Also it is important that you do not discuss the entire incident with anyone other than your attorney. All statements that you make to other individuals and on the internet can be used in court against you. The information that you receive on the internet will not be helpful to you. You need to have your side of the case presented in court.

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Answered on 8/20/09, 4:17 pm


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