What is the legal remedy if someone says I am going to slap you? 6 Answers as of April 16, 2014

If someone says to you, I am going to slap you with eye contact and serious what is the penalty and is this part of domestic violence?

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Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
There are 2 parts to an assault and battery; first the threat which "scares" you, and then the physical contact which hurts and/or injures you. Your question is almost a law school question. After all these years, my memory may be a bit flawed, but an assault is "an immediate act or statement that you are in immediate danger of being injured or killed." If so, you can defend yourself. However, if the person says something like "if I was wearing my work clothes, I would probably punch you," that is NOT an assault because the statement is qualified.
Answer Applies to: Michigan
Replied: 4/16/2014
Paul Whitfield and Associates P.A.
Paul Whitfield and Associates P.A. | Paul L. Whitfield
No offense, no penalty (sticks and stones etc).
Answer Applies to: North Carolina
Replied: 4/14/2014
Kelaher Law Offices, P.A.
Kelaher Law Offices, P.A. | James P Kelaher
Someone telling you they are going to slap you, if they are in close distance to you and appear to be able to immediately carry out the threat is called assault. Assault is the act of threatening an offensive touching coupled with the apparent ability to immediately carry out that threat, while battery is the actual act of an offensive touching. You can have one without the other; if someone sneaks up behind you and hits you from behind, and you didn't know they were going to hit you, that is battery without the assault. If they threaten to hit you, and don't, that is assault without the battery. Both are torts.
Answer Applies to: Florida
Replied: 4/14/2014
Andrew T. Velonis, P.C.
Andrew T. Velonis, P.C. | Andrew Velonis
I'm not sure what you mean by "remedy" or if there is one. I've known of at least one individual who was charged with Aggravated Harassment 2nd for making a statement that was considerably less threatening than the one you described. It could be considered domestic violence if the persons involved were living in the same household.
Answer Applies to: New York
Replied: 4/14/2014
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
If they are immediately able to go through with the threat that is a classic common law assault. If this is going on in your home, get out of the relationship and move, it will only get worse.
Answer Applies to: Michigan
Replied: 4/14/2014
    Lombardi Law Firm
    Lombardi Law Firm | Steve Lombardi
    A single instance of such statements would not likely ever be considered domestic violence.
    Answer Applies to: Iowa
    Replied: 4/14/2014
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