Threats And Trespassing Laws

Summary

In New York, making threatening statements can be considered harassment or menacing. If a co-owner of a property asks someone to leave and they refuse, it could result in a trespassing charge. Non-owner residents generally do not have the authority to decide on visitors. For domestic abuse issues, seek assistance from local support services.

Full Conversation

Is it illegal in New York, if someone says to someone else: "You're lucky I don't punch you in the face."?
Hi Dale! In New York, making a statement like "You're lucky I don't punch you in the face" could be considered a threat and potentially fall under harassment or menacing, depending on the context and the person's perception of threat.
Could you provide more details about the situation and the context in which this statement was made?
My uncle came over my parents' house to give my mother a birthday card and he said: "I finally get to see both boys", and I don't want to see my uncle, because my father is a domestic abuser and my uncle doesn't care about the fact my father is abusing us. I've been thinking about what if I told him: "You're lucky I don't punch you in the face."
Dale, in New York, making a statement like "You're lucky I don't punch you in the face" could be considered as harassment or menacing. Given the context, it might escalate the situation and possibly involve the police.
If you're feeling unsafe due to domestic abuse, it might be more important to focus on reporting that. Are you currently in a safe place?
If both of my parents legally own the house, is it legal for my uncle to come over my parents' house to see my mother without asking for my mother's permission, if he asked for my father's permission to come over. My mother is the only one who pays the mortgage.
In New York, both homeowners have equal rights to allow or deny entry to their property. Since your father co-owns the house, he can legally permit your uncle to visit, even without your mother’s explicit permission.
Would you like information on how to address domestic abuse legally?
Could my uncle get arrested if my mother told him to leave and he refused to leave?
Case Rating: *.
If your mother told your uncle to leave and he refused, he could potentially be arrested for trespassing, especially if she is a co-owner of the house.
Can you tell me if your mother explicitly told your uncle to leave and if there were any witnesses?
Could he be arrested for trespassing if she told him to leave and he refused to leave? I'm from Suffolk County, New York
Yes, in Suffolk County, New York, if your mother, as a co-owner of the house, told your uncle to leave and he refused, he could potentially be arrested for trespassing.
Is there any ongoing issue that you need help with regarding this situation?
I don't own the house but I don't want him to be there do I have a say in anything if I live there?
If you live in the house but do not own it, you generally do not have the authority to decide who can or cannot be there. Only the property owners (your parents) have that right.
Is there any specific action you want to take or any particular issue you're facing due to your uncle's visits?
Can I take
Dale, it seems like you're concerned about your uncle's visits. Unfortunately, as a non-owner resident, you don't have the legal authority to make decisions about visitors.
Is there any specific concern or action you wish to discuss further regarding this situation?
K
It sounds like there are multiple concerns regarding your family situation, including domestic abuse and unwelcome visits from your uncle.
If you need help with domestic abuse issues, you can contact:

Suffolk County Coalition Against Domestic Violence


Phone: (*) *-*
Website: www.sccadv.org

Would you like more information on handling domestic abuse legally or dealing with your uncle's visits?