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  1. #1
    Join Date
    Mar 2007
    Location
    California
    Posts
    3

    Default Touching and Self Defense

    Wife and girlfriend (and tenant at the time) were arguing in our house. My wife got up from her chair and went up to her 'friend' and touched her on the shoulder where upon the 'friend' grabbed my wife by the throat threw her to the ground and dug her fingernails into her eye causing my wife's face to be bloody.

    When I was called in, they were on the floor with this 'friend' on top of my wife.

    Police said that because my wife touched her first, my wife would have to make a citizen's arrest and that they (police) would have to book both of them. She did not do this.

    From what I can gather in CA touching someone on the shoulder (while arguing) could be considered battery however, is this gal within the law to mount that kind of self defense? Just wondering.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Touching and Self Defense

    It sounds like an excessive response, which would apparently have played a role in why the officer indicated that both would be charged.

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