Samsung
Platinum
Reged: 06/14/07
Posts: 2024
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It may be assault, but they would never get a conviction (although they might with the bump on the head). It's also a felony to have a rummage sale without a sales tax permit. Ever heard of someone getting convicted? Of course not. Some things are not convictible.
To the original poster, I'm not downplaying your situation. It sounds like you've lived in an abusive situation. Good luck to you.
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WolRon
Platinum
Reged: 01/16/08
Posts: 255
Loc: MN, USA
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Dictionary Definition
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"as·sault
n.
1. A violent physical or verbal attack.
2.
-a. A military attack, such as one launched against a fortified area or place.
-b. The concluding stage of an attack in which close combat occurs with the enemy.
-c. An unlawful threat or attempt to do bodily injury to another.
-d. The act or an instance of unlawfully threatening or attempting to injure another.
-e. Law Sexual assault.
-f. The crime of rape.
3. Law
-a. An unlawful threat or attempt to do bodily injury to another.
-b. The act or an instance of unlawfully threatening or attempting to injure another.
-c. Law Sexual assault.
-d. The crime of rape.
4.
-a. Law Sexual assault.
-b. The crime of rape.
"
Actual Statute definition
-----------------------------
609.224 ASSAULT IN THE FIFTH DEGREE.
Subdivision 1. Misdemeanor. Whoever does any of the following commits an assault and is
guilty of a misdemeanor:
(1) commits an act with intent to cause fear in another of immediate bodily harm or death; or
(2) intentionally inflicts or attempts to inflict bodily harm upon another.
Now, Nowhere in either of those definitions does it say anything about dumping food on anybody. It's not bodily injury. No physical harm is done (unless maybe the food was scolding hot...)
I'd say that dumping a plate of food on someone would be harassment or disorderly conduct, but definitely not assault. Assault is a much more violent crime that can even carry a higher status (Gross misdemeanor or Felony).
Job Interview: "Yes sir, I checked the felony box on the application because I once dumped Spaghetti-O's on my wife. It was a very violent plate of Spaghetti-O's..."
Dumping food on your spouse is abusive. I did not contest that. I just said that it wasn't assault. If he beat her over the head with the dinner plate, then that would be assault.
By the way, just what kind of FOOD would qualify as a 'weapon'? A wet noodle?
"...and thats when he bitchslapped me with a slice of buttered bread..."
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I didn't get married to pay CS later in life.
http://home.cmit.net/rwolbeck/childsupport
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theanswerguy
Platinum
Reged: 04/12/07
Posts: 2147
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The dictionary definition of assault and the legal grounds for evidence of domestic abuse ( per Louisiana statutes ) are not similar .
§1775. Evidence of domestic abuse; prohibited disclosure; reporting requirement
A. An individual shall demonstrate that the individual is a victim of domestic abuse by providing one of the following:
(1) A protective order, injunction, temporary restraining order, or any other court order issued by a court of competent jurisdiction against the perpetrator for the purpose of protecting the individual or the individual's family from domestic abuse by the perpetrator.
(2) A law enforcement record documenting the domestic abuse of the individual or a member of the individual's family.
(3) Documentation that the abuser has been convicted of a criminal offense perpetrated against the individual or a member of the individual's family.
(4) Medical documentation of the domestic abuse by a licensed physician, nurse, or nurse practitioner who has examined the individual or a member of the individual's family who has been abused.
(5) An affidavit from one of the following persons who is currently providing treatment or services for the abuse to the individual or the individual's family: the director of a designated domestic violence agency; a counselor or advocate employed by a domestic abuse shelter or battered women's program; a member of the clergy; a licensed professional counselor; a licensed social worker; a licensed psychologist; or a licensed psychiatrist. The individual shall obtain the affidavit from one of these listed persons and provide it to the Department of Labor for review.
B. Evidence of domestic violence experienced by an individual, including the individual's statement and corroborating evidence, is subject to the provisions of R.S. 23:1625 and 1660(C), and may not be disclosed by the Department of Labor without the individual's consent or sufficient evidence of the employer's legitimate need.
C. The Department of Labor shall submit a report annually to the Governor's Office on Women's Policy and the House and Senate committees on labor and industrial relations. The report shall document the number, duration, total cost, and geographic distribution and other related statistics of all lost wage benefit claims made under any provision of this Part.
D.(1) The Department of Labor shall conduct a follow-up study, and report its findings to the House and Senate committees on labor and industrial relations by January 1, 2010, of all recipients of the lost wage benefits and whether the benefits helped the recipient.
(2) The department shall also include in its report whether the recipient claimed the benefits more than once, how much time elapsed before the recipient became employed, and if the recipient exhausted the benefit before finding work.
Acts 2007, No. 421, §1.
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Never let your sense of morals get in the way of doing what's right. Isaac Asimov
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Jada
Platinum
Reged: 06/02/07
Posts: 3240
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[quote]Dictionary Definition
-----------------------
"as·sault
n.
1. A violent physical or verbal attack.
2.
-a. A military attack, such as one launched against a fortified area or place.
-b. The concluding stage of an attack in which close combat occurs with the enemy.
-c. An unlawful threat or attempt to do bodily injury to another.
-d. The act or an instance of unlawfully threatening or attempting to injure another.
-e. Law Sexual assault.
-f. The crime of rape.
3. Law
-a. An unlawful threat or attempt to do bodily injury to another.
-b. The act or an instance of unlawfully threatening or attempting to injure another.
-c. Law Sexual assault.
-d. The crime of rape.
4.
-a. Law Sexual assault.
-b. The crime of rape.
"
Actual Statute definition
-----------------------------
609.224 ASSAULT IN THE FIFTH DEGREE.
Subdivision 1. Misdemeanor. Whoever does any of the following commits an assault and is
guilty of a misdemeanor:
(1) commits an act with intent to cause fear in another of immediate bodily harm or death; or
(2) intentionally inflicts or attempts to inflict bodily harm upon another.
Now, Nowhere in either of those definitions does it say anything about dumping food on anybody. It's not bodily injury. No physical harm is done (unless maybe the food was scolding hot...)
I'd say that dumping a plate of food on someone would be harassment or disorderly conduct, but definitely not assault. Assault is a much more violent crime that can even carry a higher status (Gross misdemeanor or Felony).
Job Interview: "Yes sir, I checked the felony box on the application because I once dumped Spaghetti-O's on my wife. It was a very violent plate of Spaghetti-O's..."
Dumping food on your spouse is abusive. I did not contest that. I just said that it wasn't assault. If he beat her over the head with the dinner plate, then that would be assault.
By the way, just what kind of FOOD would qualify as a 'weapon'? A wet noodle?
"...and thats when he bitchslapped me with a slice of buttered bread..." [/quote]
Your definition proved my assertion of the stbx physically attacking her by throwing food on her.
Seriously, go and ask your local DA or even a cop.
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WolRon
Platinum
Reged: 01/16/08
Posts: 255
Loc: MN, USA
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"Your definition proved my assertion of the stbx physically attacking her by throwing food on her."
My definitions proved that it's NOT assault. There was NO bodily injuring involved. Do you read what you WANT it to say or what it ACTUALLY says?
I suppose that the next thing I hear from you will be that spitting on someone is ASSAULT.
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I didn't get married to pay CS later in life.
http://home.cmit.net/rwolbeck/childsupport
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mistake#2
Platinum
Reged: 07/19/06
Posts: 3136
Loc: Florida
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[quote]"Your definition proved my assertion of the stbx physically attacking her by throwing food on her."
My definitions proved that it's NOT assault. There was NO bodily injuring involved. Do you read what you WANT it to say or what it ACTUALLY says?
I suppose that the next thing I hear from you will be that spitting on someone is ASSAULT. [/quote]
Again, ask your local police...cause spitting on someone is assault. Haven't you ever heard of people being prosecuted for spitting on a police officer?
Do you realize how many nasty germs can be in someones saliva?
Did you realize that it's also against most city ordinances to spit on the sidewalks?
So this makes me wonder...how many times have you dumped food or spit on someone?
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Jada
Platinum
Reged: 06/02/07
Posts: 3240
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[quote]"Your definition proved my assertion of the stbx physically attacking her by throwing food on her."
My definitions proved that it's NOT assault. There was NO bodily injuring involved. Do you read what you WANT it to say or what it ACTUALLY says?
I suppose that the next thing I hear from you will be that spitting on someone is ASSAULT. [/quote]
Physically attacking someone with saliva IS an assault.
Do you think physical attacks have to involve hands hitting the body?
Seriously, talk to your local police station.
They will tell you that not only is physically attacking someone with a plate of food is assault, so is spitting on them.
You really do have blinders on when it comes to assault.
Edited to add:
The last time my ex assaulted me, all he did was try to force me up the stairs. He grabbed my hand and held it at a funny angle. It hurt while he was doing it. But it wasn't sore afterwards. There was no bruise, nothing.
The cops called it a simple assault. And it was enough to get a restraining order. And given what he has done in the past (which was worse than the last one), I would have gotten a permanent restraining order.
There doesn't have to be injury to the body for it to be an assault.
Edited by Jada (04/02/08 08:44 PM)
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Jada
Platinum
Reged: 06/02/07
Posts: 3240
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[quote][quote]"Your definition proved my assertion of the stbx physically attacking her by throwing food on her."
My definitions proved that it's NOT assault. There was NO bodily injuring involved. Do you read what you WANT it to say or what it ACTUALLY says?
I suppose that the next thing I hear from you will be that spitting on someone is ASSAULT. [/quote]
Again, ask your local police...cause spitting on someone is assault. Haven't you ever heard of people being prosecuted for spitting on a police officer?
Do you realize how many nasty germs can be in someones saliva?
Did you realize that it's also against most city ordinances to spit on the sidewalks?
So this makes me wonder...how many times have you dumped food or spit on someone? [/quote]
Very good question. And I wonder if the someone was his ex?
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theanswerguy
Platinum
Reged: 04/12/07
Posts: 2147
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I suppose that the next thing I hear from you will be that spitting on someone is ASSAULT.
>>>>>>>>> In 2007 the U.S. 9th Circuit Court of Appeals ruled " "intentionally spitting on another person is an offensive touching that rises to the level of simple assault" . It can also be considered battery if the spittle hits the target .
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Never let your sense of morals get in the way of doing what's right. Isaac Asimov
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Ariel
New
Reged: 10/04/07
Posts: 17
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I always find the comments interesting by all the people that are trying to help you. Bottom line, help yourself. Everyone deserves to wake up in the morning and look forward to a new day. Everyone deserves to go to sleep at night without fear. I hope you decide for yourself and /or your children to move forward. After your rather short term marriage, you should be able to do so. Don't wait like I did and find out when it is too late that there are so many bad days behind you that you can't forget. I wish you the best of luck. Please, do something for yourself.
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