In California, the domestic violence statute, PC 273.5, requires "corporal injury". That has been interpreted through case law as an observable mark. So, that will not be the charge for spitting. However, he could be charged with battery. But, since there is no "evidence" of injury and i'm assuming no damaging 911 call, i probably will not be filed.
why don't you file a restraining order in family court instead?
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Get a restraining order for peaceful contact, it may not be criminal but it is certainly harassment. I wish you the best.
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Generally once a complaint is generated it is then up to law enforcement as to whether or not you have described enough facts to warrant an arrest. Spitting can be a straight battery or possibly DV, either of which are misdemeanors. Once he is picked up he will be arraigned and then presumably, if he has counsel, there will be negotiations. Its impossible, without looking at the charging documents to tell you what his exposure will be. Misdemeanor DV with no serious injury and no priors usually draws nominal if not no jail at all. DV conviction also involves a lengthy class, protective order and fine. If you have more information many of us offer free consults including my firm.
Los Angeles Defense Attorney