Is throwing a drink/ liquid on someone when you caught them cheating an act of domestic violence?

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Is throwing a drink/ liquid on someone when you caught them cheating an act of domestic violence?

There have been no warrents issued (yet I suppose) and I’ve been in contact with disbatch. Not sure what to do.

Asked on June 29, 2014 under Criminal Law, Idaho

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Here is the statute:

18-918. DOMESTIC VIOLENCE. (1) For the purpose of this section:

(a)  "Household member" means a person who is a spouse, former spouse, or a person who has a child in common regardless of whether they have been married or a person with whom a person is cohabiting, whether or not they have married or have held themselves out to be husband or wife.
(b)  "Traumatic injury" means a condition of the body, such as a wound or external or internal injury, whether of a minor or serious nature, caused by physical force.
(2)  (a) Any household member who in committing a battery, as defined in section 18-903, Idaho Code, inflicts a traumatic injury upon any other household member is guilty of a felony.
(b)  A conviction of felony domestic battery is punishable by imprisonment in the state prison for a term not to exceed ten (10) years or by a fine not to exceed ten thousand dollars ($10,000) or by both fine and imprisonment.
(3)  (a) A household member who commits an assault, as defined in section 18-901, Idaho Code, against another household member which does not result in traumatic injury is guilty of a misdemeanor domestic assault.
(b)  A household member who commits a battery, as defined in section18-903, Idaho Code, against another household member which does not result in traumatic injury is guilty of a misdemeanor domestic battery.
 
While I understand the predicament and your situation, say the liquid was hot. It could cause bodily injury. So I would speak with an  attorney with all the facts just to be sure.  Good luck.

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