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

Flushing, NY |
Filed under: Family law

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. 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 email: howard@brooklynlaw.net. This answer is only for informational purposes and is not meant as legal advice.


  2. 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 it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.


  3. 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 named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.


  4. 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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