My question involves criminal law for the state of: California
My domestic partner spat in my face twice in succession yesterday. Would I be able to file criminal charges of battery?
My question involves criminal law for the state of: California
My domestic partner spat in my face twice in succession yesterday. Would I be able to file criminal charges of battery?
yes, it is a battery but without some proof, the chances of prosecution are quite limited.
You do not file criminal charges, you make a report to the police. The police then forward the report to the DA and it is the DA that decides whether to seek criminal charges through the court.
Yes, spitting on you is a misdemeanor battery in CA per PC 242. Had you called at the time of the incident, your partner could have been arrested. As it is, you will have to wait for a DA to make that decision.