Rialto, CA asked in Family Law and Civil Rights for California

Q: SB Sheriffs and Pomona PD have refused my request to reports in cases that were unfounded. Is that legal? i lost my son

I was arrested but never charged or interviewed. in 2019 my ex accused me of threatening her. Spent 4 days in jail. They took my son from me and all my rights. Never saw a judge or anything. In 2024 after filing for more visitation. My ex accused me of my son. Again CPS was called i spoke to them accusations were unfounded. Pomona police were called. I went 4x to station to speak to detectives but no one knew what was happening. Ex filled a restraining order based on police report done after ex called them. I tried asking for a copy of the reports in both cases. in Pomona a paid for report just to get a letter saying they couldnt provide any reports do to me being a suspect. I haven't been able to see my son and i have no money for a lawyer. The letter i got from sheriffs stated that even if i had a lawyer they would have to go to court and even then we probably wouldnt get them. I need help how could they take my rights if i have done nothing. Please i need some help.

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: It sounds like you're going through a really tough time, and I’m sorry for what you’re experiencing. In California, it can be difficult to get access to police reports when you're considered a suspect in a case, even if the allegations were unfounded. This often happens because law enforcement agencies may classify these reports as part of an ongoing investigation or related to privacy laws. Unfortunately, these situations can be frustrating, especially when you're trying to get clarity and seek justice.

Losing your son without being given a chance to defend yourself is a serious matter, and while you may not have been charged or interviewed, your rights as a parent should be respected. Family court deals with these types of cases, and typically, you have the right to petition the court for more visitation or custody. If you feel that your rights were wrongfully taken away, you may be able to file motions with the family court to address the situation.

While it’s overwhelming when financial resources are tight, there may be free legal aid services or family law clinics in your area that can offer guidance. You may also want to consider filing a complaint with the court or looking into organizations that assist parents in custody disputes. Reaching out for support from these services can help you take steps to regain contact with your son.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.