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Is this considered domestic violence?

Los Angeles, CA |

During heated arguments, I tell my boyfriend to leave and move out of the house. On two occasions, I slapped him out of frustration. On another occasion I hit him when I found out he was cheating on me. He refuses to leave even when I threaten him, it makes me crazy. He has another place to live and I don't. Is this considered domestic abuse and can he file charges against me?

Attorney Answers 3

Posted

Acts of domestic violence are extremely broad. Simply disturbing the peace is enough and yes, it has constitutional issues.

This is just my opinion and not a comprehensive answer. You assume the risk because this answer may not apply to your situation depending on the facts.

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Posted

Under the facts, as you have described them, he may have a basis for a Domestic Violence Restraining Order. He could instead or also press charges against you for criminal battery. Your facts are vague as to time - i.e. when these acts occurred and what is the current status of your relationship, and why you cannot move out on your own when he refuses to leave.

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Posted

Three separate domestic violence incidents you described. It is never proper to hit or slap anyone for any purpose. You need anger management or domestic violence classes. If he would call the police you would be arrested. You could get jail time. Fines, 52 week batterer's classes, probation, etc... It would not be a fun experience and it would be with you forever. If he drives you to the point that you want to hit him, why is he your boyfriend?

Michael is in San Jose, California and can be reached at 408-295-4232 or at schwerin@ix.netcom.com. Consultation fees, rates and retainers vary based on need and ability to pay.

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