Legal Question in Personal Injury in California

Summary of events leading up to arrest and a night stay in jail.

Thursday night (Aug 24 2012) my wife was angry at me,� when I entered the bedroom (from attached bathroom) she was emptying the clothing from my dresser draw into a basket and demanded that I leave the house. I stepped in front of the dresser drawer to close it, preventing her from emptying additional clothing. My place of employment, �company property� computer (inside a backpack) was on the bed, realizing this, she jumped on the bed to retrieve it. When she got it she climbed off the bed onto the floor and proceeded to leave the bedroom with computer inside the backpack. I felt she would either destroy or hide the computer which I needed the next day for work. I grasped the backpack�s shoulderstrap with my left hand and held on to her left wrist with my right hand and for a couple of seconds attempted to separate her from the backpack. I could not retrieve backpack from her grasp so with the other hand I grasped the other (backpack) shoulderstrap and sat in a chair. For a minute or so we both were in a tug-o-war scenario with backpack: me sitting in a chair - her standing and using her weight pulling backpack. After realized she would not be able to take full possession of the backpack she released it and then claimed that I physically assaulted her when I held her wrist to separate her from the back pack,�so she called the Police.

My wife and I told our story version to two Police Officers. Both Officers discussed options to me, options were to place me unde arrest, or to not put me under arrest if I would leave the house (her original demand). I agreed and gathered some things (including backpack with computer) and proceeded to leave the house. As I was exiting the front door my wife insisted that I be put under arrest, so the Police cuffed and loaded me into back seat of Police car.

Approximately 45 minutes I saw the arrest summary report on the monitor inside police car. Summary complaint from my wife indicated that I twisted her wrist inflicting pain.

I spent that night in jail and was released on bail the following afternon

Bail Receipt indicates I need to appear at �Court: Central Div. DV Arraignment / San Diego CA� Oct 5

Will you tell me what will happen on that date?

Will you tell me why I should or should not retain a lawyer.

Thanks

1 Answer from Attorneys

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