Legal Question in Criminal Law in California

Hi,

What are you allowed to do legally if someone verbally, emotionally or psychologically abuses you?

If someone hits you, then legally you are allowed to hit back in order to defend yourself. The website UseofForce.us explains the laws of self-defense very well.

Similarly are there any site that explains the laws of verbal abuse? Or what you are allowed to do if you are verbally abused?

For e.g. Some strangers on the street constantly verbally abuses you, whenever you pass through that neighbourhood. What should you do? Should you confront them and ask for their names; or should you start an argument; or should you gather witness ----or what??


Asked on 10/12/11, 1:00 am

1 Answer from Attorneys

Daniel Martin Law Office of Daniel K Martin

Allow me to clarify one point first, the fact that someone hits you does not give you the right to him them. In California and in most states, you have to right to use the amount of force necessary to repel an attack. That ends when the attack ends or the threat is over. If a person runs by and hits you and keeps running, by the time you get up the person is a block away, you do not have the right to hit that person because the threat is over. (Just wanted to clear that up, on the other hand you do not have to run or flee an attacker either)

As for verbal abuse, there is no right to physical touch a person in response to words. You have the right to stand there and exchange words but that would be it. (Long term verbal and emotional abuse at the hands of a spouse or partner may provide an affirmative defense, however I would not count on that)

In the situation that you described you could call the police and you may even get restraining order against this person. It sounds like you are very frustrated with this situation, I would caution you from doing anything drastic and I hope everything works out for you.

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Answered on 10/13/11, 12:39 pm


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