Nancy MACk, who has been married to the Red Hot Chili Peppers drummer since 2004, stands accused of shaking and pushing Baio in front of their children at a school function in Thousand Oaks, California in December (16).
The former child star filed a police report following the incident, claiming MACk attacked him over his outspoken support of U.S. President-elect Donald Trump.
She allegedly confronted him in the presence of their kids by screaming the phrase, "Grab 'em by the p**sy", words Trump was caught on tape using to refer to women he found attractive years ago in a leaked off-camera conversation with former Access Hollywood co-host Billy Bush.
The run-in between MACk and Baio is now under investigation by the Ventura County District Attorney, who will decide whether or not to prosecute Smith's wife, reports TMZ.com.
If she is charged, the case will likely be a misdemeanour, although the count could carry potential jail time for MACk.
The leak of the Access Hollywood footage in the run up to the November (16) election prompted multiple women to come forward and accuse the Republican candidate of sexual assault, but Trump denied the claims and went on to defeat Democrat Hillary Clinton in the race to the White House.
He will take over from President Barack Obama after he is inaugurated on Friday (20Jan17).