Can I have my son or husband arrested for verbal abuse? I live in Queens New York

Asked about 1 year ago - Flushing, NY

My husband swears at me in front of our son when he is angry with me. My son is learning. He is 14 he got upset for me for telling him he needs to be home at 7:30 for dinner and can't stay out all summer with his friends till 10 o clock and he used profanity to me. I told him not to speak to me that way and he called me a white trash jew. Can I have him arrested for that?

Attorney answers (4)

  1. Howard A. Schwartz

    Contributor Level 20

    3

    Lawyers agree

    Answered . That would be a decision for law enforcement. Swearing in and of itself is not necessarily a crime but it could be that the actions rise to the level of criminal activity. You can check with law enforcement. You can also apply for an order of protection through family court and if the order is granted then further negative actions could be considered a violation and subject the person to arrest. Good luck.

    I have been a criminal attorney in New York for almost 25 years. website: Brooklynlaw.net Phone #: 718-208-6094... more
  2. Jayson Lutzky

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . Not for free speech. You may want to get an order of protection or a PINS , person in need of supervision, petition for you son. Consult with a local family law attorney.

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate... more
  3. Eric Edward Rothstein

    Contributor Level 20

    2

    Lawyers agree

    Answered . Doubtful. Would you really want them arrested? It's out of your hands once you call the police and you can't just simply drop the charges.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was... more
  4. Peter Christopher Lomtevas

    Pro

    Contributor Level 20

    Answered . Using police to control the behavior of your loved ones is a bad plan. You could uncork a genie that will wipe out your family and send all your money into lawyers' pockets.

    Good luck.

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