Northern Virginia Criminal Justice Academy (NVCJA) Practice Exam

Can a person be charged with assault and battery if they hit a family member who does not live in the same house?

1. Yes, they can be charged

2. No, they cannot be charged

3. Only if it was premeditated

4. Only if they were previously living together

The correct answer is: No, they cannot be charged

A person can indeed be charged with assault and battery for hitting a family member, regardless of whether that family member resides in the same household. The nature of assault and battery laws focuses on the act itself—specifically, the intentional infliction of harm or the threat of harm to another individual. The relationship between the victim and the perpetrator is relevant, but the residing arrangement is not a determining factor in whether a charge can be brought. Assault and battery laws are designed to protect individuals from harm, and they extend to all forms of physical assault against others, including family members. The criminal justice system does not restrict the definition of assault and battery based solely on one's living situation, which means the likelihood of facing charges exists as long as the necessary elements of the crime are met. Charges can be pursued based on the assessment that harm was inflicted, regardless of the familial relationship or living arrangements, leading to a clear understanding that the law provides protections against violent behavior in any context.