Jerico, that's the worst part, my phone WAS in my hand... just not recording. I thought about it and then thought, nah... it should be fine. Yeah, it wasn't. Not making that mistake again.
And that's the other thing, my phone was in one hand and my orders were in my other hand. Never laid a hand on the woman! From more googling...
The typical defenses to such claims are designed to show either that
the Defendant had nothing to do with the harm, and therefore should not be punished financially, or
that Plaintiff’s actions helped cause the harm, thus requiring the Plaintiff to share in the burden of costs.
The usual routes to prove this are for the defendant to show:
his actions were not intended to cause harm,
that he had the consent of the Plaintiff to do the acts he did, or
that the Plaintiff was partially or fully responsible for the harm done by Defendant.
Proving one of these defenses minimize the fault on Defendant, and thus allows for less of a recovery for Plaintiff, if any at all.
Individuals who want to defend themselves against a battery charge must prove one of the following:
Lack of intent
Self defense
The defense of others
The defense of property
So there was NO intention to touch her, and I was defending my son who she was actively telling to run away from me...