Assault is the threat of bodily harm that reasonably causes fear of harm in the victim. Battery is the actual physical impact on another person. If the victim has been touched in a painful, harmful, violent, or offensive way by the person committing the crime, this might be battery.
If the victim has not actually been touched, but only threatened or attempted, then the crime is assault. Consider the act of spitting in someone's face. This is not painful, violent, or harmful, but it is certainly offensive and there is an impact, a touching, so this would be a battery.
Any type of violence against another member of one's household is considered domestic violence and is illegal. Domestic violence can take several forms including but not limited to physical slapping, punching, or hitting.
If you are accused of domestic violence or the potential subject of a restraining order , you need an experienced criminal defense attorney by your side. Call us now.