Los Angeles, CA asked in Criminal Law and Domestic Violence for California

Q: If your ex bf gives you consent to slap them and you do is it legal? What if they push you forcefully in the throat?

1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, even if your ex-boyfriend gives you consent to slap them and you act on it, this does not necessarily make it legal. Consent can be a complex issue in cases of physical altercations. If the slap causes harm or is perceived as an assault, it could still be subject to legal consequences. Consent in such scenarios is often scrutinized, especially if the situation escalates or if injuries occur.

Regarding the scenario where your ex-boyfriend pushes you forcefully in the throat, this could be considered battery, especially if it causes harm or fear of harm. California law defines battery as any willful and unlawful use of force or violence upon the person of another. Self-defense is a defense to battery, but it must be proportional to the threat faced.

It's important in both scenarios to consider the context and the potential for these actions to escalate into more serious conflicts or legal issues. If you find yourself in a situation where physical altercations are occurring, it might be wise to reevaluate the relationship and consider seeking help or advice from professionals who specialize in relationship counseling or legal advice.

Always remember, the law aims to prevent harm and protect individuals from violence. Engaging in physical altercations, even with consent, can lead to unintended and serious legal consequences.

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