Assault and/or Battery?

[Rose H]

I'm not sure a brief description of this mess is possible: My daughter and her ex-boyfriend went through a costly (financially and emotionally)custody battle that he kept going for months. Despite this I remain amicable. I was at my daughter's house to pick up visiting relatives. My daughter's ex-boyfriend shows up to pick up my 19-month-old grandaughter for his scheduled legal visitation day. I greet him. He tells me to shut up and get the hell out of the house because, "this is none of your business". I don't know what's going on. He accuses me of "getting all up in his face" (?). It turns out that my daughter went out of town for a day leaving my grandaughter with my 2nd daughter and her family and he's very upset that he wasn't told. No matter how we try, he won't calm down. He abruptly yanks the baby out of my daughter's arms and says "I'll see you back in court". (Why?)I was still confused as to why he's so mad. I follow him out to cover the baby's head with a jacket as he's taken her out in the pouring rain. When I try to provide cover for her until he can get her to his vehicle, he pushes me away. I started to cry and told him I was trying to help. I told him I just wanted him calm so that the baby wouldn't suffer. I try to cover her again and he pushes my arms away...so I pushed him back. He continues yelling threats, the baby starts crying and I snapped. I hit him again and told him to stop pushing me, I won't allow it. He went ballistic. I was crying even harder. I couldn't believe what I had just done. He told me that he was filing assault and battery charges and the police would be coming soon to speak with me and I was getting hauled to prison for assaulting him and hitting him "8 times". I am VERY embarrassed and humiliated that I allowed him to provoke me into a shoving match while he had my little grandaughter in his arms. I feel I endangered her. He sped off at a high rate of speed in the rain. I feel very helpless and stupid for reacting the way that I did and probably giving him grounds for more legal action against my daughter, and now me. What can I do? Will I be arrested for assault? No one else was involved in the altercation. I live in California where the custody laws are a mess. The judge will probably award him more days with my grandaughter because of me, causing my daughter more pain and anxiety. We're always on pins and needles around him and I am so worried about my grandaughter whenever she's with him. The quality of my life has deteriorated greatly since the judge's decision. I feel that I have no defense in this matter.

 

[LadyFable]

Im not a lawyer nor do I proclaim to be. What I offer here is merely my opinion and support.

I'm sorry that you were put into a situation that has caused you so much distress. Understand YOU did not put the child in jeopardy, he did. All you were doing was attempting to keep the child dry and warm. Sounds like he has a short fuse. He was the one who took the child out into the elements and sped off quickly in the rain. Stop blaming yourself. You are not at fault here. It sounds as if he touched you first (shoving/pushing you out of the way).. I am assuming she has primary custody of the child with him having visitations ? I would ASSume that if she has primary custody that she is not required to tell him that the baby will be cared for by a family member. I would only have to assume that your other daughter is of good character and would in no way harm the baby. Again, I would not worry about what he says. It appears he has a temper and flys off the handle. I was curious if this happens often and if the mother of the child has concern for the babies safety and well being while in his custody?