Sacramento, CA asked in Domestic Violence for California

Q: If my wife hits me

I am a male and my wife hit me first. With this being her 3rd time committing adultery, when she hit me, my first natural reaction was to hit her back. I didnt continually beat her, just one hit the same way she hit me. I know its never ok and it was the first time ever; Ive never even been in a fight in school. Ive never even had a traffic/parking ticket. When the police were called, she openly told them she hit me first. But they only arrested me and said, I was the aggressor. Is this legal? Does she have the right to hit me but I do not have the right to defend myself because she is a female and I am a male?

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1 Lawyer Answer

A: No, you have the right to defend yourself like anyone does. However, cops can get tunnel vision and go on autopilot when they deal with DV. Most DV aggressors are men and the cops often will arrest the man by default. You'd have a better chance fighting this in the courts than with the cops.

Andy

2 users found this answer helpful

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