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Old 08-12-2017, 05:45 AM   #1
skdl
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Default Domestic violence arrest for one slight slap?

Can a domestic violence charge be filed in NY if a husband hits (basically slapped her) his wife one time and no mark is made and no evidence of the hit even exists?
The wife of my close friend says she is going to have him arrested Monday and she seems serious about it. Is that legally even possible?
New York
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Old 08-12-2017, 12:17 PM   #2
adjusterjack
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Default Re: Domestic violence arrest for one slight slap?

The answer is yes to both questions.

Whether it actually happens is anybody's guess.

Suggest to your friend that if the police come to question him he should keep his mouth shut and invoke his right to an attorney.

The minute he tries to explain himself he will talk himself right into jail.

Have him watch the following video:

https://www.youtube.com/watch?v=8GjCJ6Xqjg0
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Old 08-12-2017, 08:44 PM   #3
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Default Re: Domestic violence arrest for one slight slap?

I wish to inform you that the burden of proof will be on the wife to prove that there was domestic violence and also to explain the reason for delay, if any in reporting the matter to law enforcement agencies. The husband may contact an attorney and seek guidance.

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Old 08-12-2017, 09:12 PM   #4
Highwayman
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Default Re: Domestic violence arrest for one slight slap?

With no injury the offense committed would be Harassment. This is one of the family offenses defined in New York State law. An arrest is probably unlikely in a case such as this, however the wife can certainly file a family offense petition in Family Court and get an Order of Protection against the husband, in addition to a bunch of other things happening.

Family offense cases may be pursued in Family Court, Criminal Court, or BOTH.

I suggest you stay out of your friend's domestic issues. He needs to stop the violence and get an attorney if he is arrested or hauled into court. If the two have children he could end up not seeing them for quite a while.

See: https://www.nycourts.gov/courts/7jd/..._offense.shtml
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Old 08-13-2017, 02:25 AM   #5
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Default Re: Domestic violence arrest for one slight slap?

I almost pushed my widowed friend to have her former husband's daughter arrested for verbal intimidation. She got into her face and started attacking her verbally. I stepped in told her to back off she was creating a domestic situation and that I was going to call police before she was permitted to retrieve any more possessions bought for her children as my friends husband had custody of them for years. She ran outside to call them and feed them a line of crap, so I locked her out until they arrived. she was even banging on the door screaming because she could not enter. 3 police stayed outside with her, while her mother and my friend continued gathering things and she received a trespass warning from the police not to come back.
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Old 08-13-2017, 07:19 AM   #6
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Default Re: Domestic violence arrest for one slight slap?

The bottom line of course is never hit a spouse or partner as even one wrong "slap" can land you in a heap of trouble.
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Old 08-14-2017, 09:39 AM   #7
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Default Re: Domestic violence arrest for one slight slap?

A slap is a start to domestic violence and she can able to file a complaint against it with the law enforcement and can show it as an evidence if the similar activity continues by her husband. It is good to seek help from a lawyer in this matter.
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Old 10-02-2017, 03:05 AM   #8
Ethanturkel
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Default Re: Domestic violence arrest for one slight slap?

This case is very unlikely to be ended badly for him as there are no marks of beatings evidenced by a medical institution. But In case he needs a lawyer, this family law attorney new york would be the best option, she helped my friend a lot with a far worse case
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Old 11-06-2017, 07:34 AM   #9
reddy66
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Default Re: Domestic violence arrest for one slight slap?

Quote:
Originally Posted by skdl View Post
Can a domestic violence charge be filed in NY if a husband hits (basically slapped her) his wife one time and no mark is made and no evidence of the hit even exists?
The wife of my close friend says she is going to have him arrested Monday and she seems serious about it. Is that legally even possible?
New York
It always amazes me that people think a few slaps is ok--IT IS NOT okay!
And it is is not legal.

Not even one.
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