If the two assault and battery claims are now the subject of a criminal action or action, the way the charges are resolved are as follows:1. a party pleads out to a charge or a lesser included offense;2. the charge and action is dismissed by the district attorney's office;3. one or both actions go to trial and the trier of fact makes the decision based upon the given charge where the burden of proof is beyond a reasonable doubt.Proof is based upon testimony of witnesses, testing, photographs and other matters. Good question.