This is a discussion on Breaking your own property is a crime... within the Off Topic & Humor Discussion forums, part of the The Back Porch category; Originally Posted by SIXTO Yes, but I was specifically talking about Domestic violence laws. Back in the late 90's early 00's, it was popular for ...
I remember when they hauled people away for DV. There for awhile it seemed that they were hauling both husband and wife away no matter the aggressor.
"Personal property" is personal property, meaning it's yours... do with it what you will. But, not in the heat of anger, where some laws related to domestic violence 'may' get you into issues.... or "displays of anger", "disorderly conduct", "displaying threatening and menacing behavior".
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Hey guys new here. I cam across this thread while doing some research on something that happened to me this weekend. My wife and I got into a heated argument, which rarely ever happens, sat night. I became angry and broke a lamp. Long story short the cops were called, and I was arrested. I am not a violent person, have no criminal record, and have never before been involved in a domestic incident. My wife didn't want me arrested, just given some time to cool off. The officers also issued an order of protection, and took my hunting guns, again, with my wife pleading for them not to do so. The order is effective until march 3rd, so I won't be able to hunt gun season this year. All this over a broken lamp. That I bought. Thanks for listening.
you may have a very tough time getting your weapons back, the politicians use the domestic violence laws to confiscate weapons and seem to make it real hard to get them back, and if convicted of DV forget it, you'll never be able to get them back
Last edited by SIXTO; September 6th, 2011 at 10:38 AM. Reason: see post 25
In Utah the law states that if there is a Domestic Violence (DV) Assault, someone goes to jail. However, this only applies to assault. In the case of a "verbal" domestic argument, arrest is not required by statute. For DV Assault, the statute is written "shall arrest".
As far as "breaking your own stuff", during a DV incident, if done in a threatening manner it is a crime in Utah as well, DV Criminal Mischief.
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I would check with the laws in NY regarding firearms and domestic violence.
Just because THEY took YOUR firearms away, doesn't mean you've been convicted of a crime. YET!
If that is the case, whose to stop you from 'borrowing a friends rifle to partake in some deer hunting.
As long as its not breaking any laws, like " A person convicted of DV shall not be in possesion of a firarm" , I would thing you'd be OK.
Check what the laws on the books in NY say, as IANAL!!!!
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Here is a real case scenario. My best friend (who is bi-polar, manic depressive and suffers from anxiety) was tired of his step-son not cleaning up the "pig sty" known has his bedroom. Had been asked multiple times by not only his mother but my buddy. Like the obnoxious little dude he was, simply ignored my buddy and his wife.
Now, my buddy has one of his "episodes" tells the kid "I'm cleaning your room" and proceeds to toss out the back door all of the kids' uneaten meals, his broken things, clothes that needed washing months ago etc, etc.
Fast forward to nosy neighbor calling the Sheriff (they live outside city limits) and a Deputy shows up. My buddy tells said Deputy that he was tired of the kid living in squalor and was tossing out the stuff. The Deputy came inside, looked at the room and said, "proceed, Mr. So and So, I have a kid who wants to live like that and I have done the same thing."
So does my buddy need to have the law called on him just because he may have "looked" like he was breaking things? I don't know but you be the judge.
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damned do gooders are too busy watching what everyone else is doing, it is a shame that when you need to "bang heads" you run the risk of getting hauled in on a domestic violence charge.
FWIW: I had a good battle with my kid for screwing up in school, he decides to walk out rather than face the music, the next town over (1/4 mile away) has a curfew and of course the kid gets picked up and brought home, the only concern the cop had was that I wouldn't beat the daylights out of the kid, but that is exactly what the kids need sometimes