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?
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.