Los Angeles, CA asked in Civil Rights and Domestic Violence for California

Q: What can happen to someone for spitting at someone else? Police didnt do anything but recommend a restraining order

My boyfriend and his dad were playing catch in the backyard when the ball hit a rear neighbors fence a few times. The Neighbor and his father became belligerent and started cursing over the fence, threatening to come over and break things. Rewind almost 3 years ago, a golf ball entered his yard, hit by neighborhood kids from our yard and he claimed hit this motorcycle and left a scratch. He came over the house demanding payment to repair the damage which may not have been our doing. In which my boyfriend refused to give money and said he was trying to extort money from us. The matter was left alone for nearly 3 years until now. During this recent altercation, the neighbor trying to jump the fence to our yard, spit on my boyfriend in which I was finally aware and was told to call the police. Police said they couldn't do much, and when I asked if it was assault they said misdemeanor and suggested a restraining order instead. Is there anything we can do legally? If so, what?

2 Lawyer Answers
Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: more info is needed.

however, spitting is an assault and battery.

i had a call 2 weeks ago from a lady that went into the hardware store and refused to put her mask on and BLEW in the face of owner who was assisting she wear one, and she was arrested for Battery.

it is up to the police and DA.......you can try to make an appointment with police chief or city council member for assistance.

Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: you can also sue in small claims court for damages......

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