Is it legal?

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Is it legal?

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day i got into an argument with family
members, cops got called and i got
arrested for the disturbing the peace
wven though it is my house, is this even
legal?

Asked on September 9, 2017 under Criminal Law, Nebraska

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Yes, it is legal. There is no "privilege" or right to act in a disturbing, frightening, or abusive fashion in your own home. Under Chapter 28, Section 1322 of your state's laws, the definition of disturbing the peace is: "Any person who shall intentionally disturb the peace and quiet of any person, family, or neighborhood commits the offense of disturbing the peace." You will notice that it says nothing about doing it in pubic or another person's home or business: if you disturb the peace and quiet of any person, including a family member, anywhere, including your home, you committed the offense.


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