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  1. #1
    Join Date
    Feb 2010
    Posts
    1

    Unhappy Domestic Abuse / Battery Charge for Spitting

    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?

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Domestic Abuse/Battery - Spitting

    yes, it is a battery but without some proof, the chances of prosecution are quite limited.

  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Domestic Abuse/Battery - Spitting

    Quote Quoting Schpier
    View Post
    My domestic partner spat in my face twice in succession yesterday. Would I be able to file criminal charges of battery?
    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.

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