Asked in Domestic Violence, Juvenile Law and Criminal Law for New York

Q: Can a 16 yr old be arrested in NYS for hitting his father? The cops have not and it has happened twice now. They say it

Is a domestic matter. What does that mean? What about me? Is it ok for him to hit me too? If we defend ourselves then we will be arrested?

2 Lawyer Answers
Nina Mironenko
Nina Mironenko
Answered
  • Huntington, NY
  • Licensed in New York

A: File a petition in Family Court for an order of protection (OP). If he hits you while you have an OP they must arrest him. Have you tried therapy for him?

Kristen Epifania
Kristen Epifania
Answered
  • Criminal Law Lawyer
  • New York, NY
  • Licensed in New York

A: Yes, a 16 year old can be arrested for hitting his father. Anyone, for that matter, can be arrested for hitting another individual as that is assault. The victim can file a complaint at the local precinct, and can also go to family court to ask for an order of protection if they want to avoid the criminal route.

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