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RobertJDFL, Attorney
Category: Legal
Satisfied Customers: 11973
Experience:  Experienced in multiple areas of the law.
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Is it legal for another person to put their hands on you in

Customer Question

is it legal for another person to put their hands on you in a forceful manner after you have been told by that person not to touch their vehicle when knowing that a child inside you have legal custody of is inside that vehicle and is being kept from you after the legal parenting time. the person who used physical force is not party to the child in anyway
JA: What state are you in? It matters because laws vary by location. Has anything been filed or reported?
Customer: I am in new York state, up state near Utica. the police were there but only a police report was made. myself and the other parent were referred to family court.
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 1 month ago.
Category: Legal
Expert:  RobertJDFL replied 1 month ago.

Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

Expert:  RobertJDFL replied 1 month ago.

Thank you for your patience.

It's never okay for a person to put their hands on you without consent. An unwanted touching, even if no serious injury occurred, can still be seen as a criminal act. In New York, that could be considered a 3rd degree assault.

Assault in the 3rd degree is a misdemeanor charge. It applies when the situation results in physical injury to someone else but that injury isn’t enough to qualify for a more serious assault offense.

A person can face this charge if the prosecution believes they:

1. Intended to cause injury to another person and did,

2. Recklessly caused injury to another person, or

3. Negligently caused injury with the use of a deadly weapon or instrument

Note that injury doesn't have to be severe to meet the definition of an assault. A bruise, a bump, a scratch, a red mark, etc., can all be considered an assault.

That said, a victim cannot "press charges." Only the government, through the prosecutor's office, can do that. Since a police report was taken, normally what would happen next is that after any investigation is completed, the file is forwarded to the local prosecutor's office and reviewed, and a final determination made if charges should be filed.

A person can also be sued civilly for an assault if there were injuries that occurred.

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Expert:  RobertJDFL replied 29 days ago.

Was there additional information you needed or can I clarify something about my answer? If so, please let me know, as I'm happy to continue assisting you! If there is nothing further, I would kindly ask that you leave me a positive rating by clicking on the stars, so that I am credited for my time and assistance. You can always reply to this message after leaving a positive rating at no additional charge.

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