I have suspected my boyfriend of cheating before and had found out he was out at the bar with a girl he had been talking to this past week! I came home from work very upset about the situation! Was trying to go in the room to change when my boyfriend bucked up and backed me up and wouldnt let me shut the door and he continued to chuckle and just have this smuggish look on his face! The fact that he used his size against me again got me angry and so I unfolded everything in his closet all his clothes and everything and spread them all over the room and sprayed a Pepsi can all over his clothes. (Yes its childish but I was very hurt that were back in this same situation about the cheating). Any way he said he didnt do anything wrong or cheat but his history is full of lies! I went back in the back room locked the door where my stuff happens to be from a previous fight and just tried to cool off! He comes down the hallway and kicks open the door busting it and sprays chocolate milk all over me and my stuff! Since the offense was directed towards me as a person is that assault? Yes I sprayed his clothes with Pepsi but I didnt come at him and kick down a door!
Yes, any unwanted touching is assault. Some cases have even held that snatching something out of another person's hand is assault.
This is not a PI case so I will move it to violent crime, although it could be family violence.
I am hopeful my answer is "HELPFUL" and/or is a good answer?" If so, I would appreciate you for noting same. Thank you. The information contained herein is not to be construed as legal advice. The questioner should seek independent legal advice from a qualified attorney after establishing a proper business relationship. My answer is not intended to answer specific details on a particular claim, but rather give a general outline of some of the procedures a person may encounter. The information is only for education and not intended to create legal representative of anyone.
Yes, any unwanted touching is assault if it was done intentionally. However, you may want to think twice before you go swearing out charges. Often times these things spiral out of control with cross warrants going back and forth.
Please remember that if you find an answer particularly helpful, please mark it as helpful or "best answer" so that the attorneys who volunteer their time to answer these questions have feedback. The information contained in this message is for general informational purposes only. It is not intended to be legal advice, nor is it a substitute for professional legal services. Wolcott Rivers Gates disclaims the formation of an attorney-client relationship by use of AVVO, and no such relationship exists unless and until a written Fee Agreement has been endorsed by Wolcott Rivers Gates and the client. Furthermore, given the public nature of this forum, there can be no expectation of privacy, confidentiality, privilege, or any other protection from disclosure.
Assault generally is putting another person in reasonable fear of bodily harm and battery is any deliberate unlawful physical contact with another without consent.
This is more of a criminal law topic rather than a personal injury civil law topic , so I'm redirecting your question to the criminal law section of AVVO., but the big picture solution is to get yourself a new living situation and make a break from this present boyfriend.
This could be a felony abduction also by him. Your acts at most might be damage to property but sounds like all could just be washed. Get separate before worse happens.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline