Is this considered domestic battery

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Is this considered domestic battery

Husband and wife have an argument she
squirts water on his neck

Asked on June 27, 2016 under Criminal Law, West Virginia

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No... not by itself.  Domestic battery requires a bit more than a squirt gun or water.  There needs to be additional elements of injury or fear.
If no one was hurt, then there was no injury.  A squirt of water on neck won't satisfy any assaultive elements.
Now if the squirt gun looked like a real gun and the wife was waiving the gun like it was a real gun... then there may be an argument for some type of terroristic threat... but the husband will have to show that the gun genuinely looked real and was handled as if it were a real weapon.


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