Smoking as a form of abuse

[jnogu]

What is the name of your state (only U.S. law)? New York.

My father is intentionally inflicting emotional as well as physical distress on me and my family through excessive and persistent smoking. He smokes in my parent's bedroom, the bathroom, and the kitchen. It seeps into my room and is unavoidable. He has been asked to leave by my mother (whose name is on the lease) but is hard-pressed to remain. In fact, he smokes even more now.

Second-hand smoke kills tens of thousands of people (non-smokers) every year. I am particularly susceptible given my intense asthma as a child. I still have my pump and have used it on several occasions when I find it difficult to breath. Recently, I have developed additional breathing problems.

My question is, what can I do? What do I need to prove and how, so he has to leave whether he likes it or not?

 

[Proserpina]

What is the name of your state (only U.S. law)? New York.

My father is intentionally inflicting emotional as well as physical distress on me and my family through excessive and persistent smoking. He smokes in my parent's bedroom, the bathroom, and the kitchen. It seeps into my room and is unavoidable. He has been asked to leave by my mother (whose name is on the lease) but is hard-pressed to remain. In fact, he smokes even more now.

Second-hand smoke kills tens of thousands of people (non-smokers) every year. I am particularly susceptible given my intense asthma as a child. I still have my pump and have used it on several occasions when I find it difficult to breath. Recently, I have developed additional breathing problems.

My question is, what can I do? What do I need to prove and how, so he has to leave whether he likes it or not?

Depending on your age, you can leave and live elsewhere.

If you're not old enough to do that, your mother is the one who has standing to act - not you.

 

[You Are Guilty]

Legally speaking, that is not intentional infliction of emotional distress. Nor is it going to be "official" child abuse or neglect. It's been a few years, but I believe CPS will step in if he does it in the car (since you can't really escape it in a car), but not so much in a house/apartment. A lot depends on your age though.

So, how old are you?

 

[HomeGuru]

What is the name of your state (only U.S. law)? New York.

My father is intentionally inflicting emotional as well as physical distress on me and my family through excessive and persistent smoking. He smokes in my parent's bedroom, the bathroom, and the kitchen. It seeps into my room and is unavoidable. He has been asked to leave by my mother (whose name is on the lease) but is hard-pressed to remain. In fact, he smokes even more now.

Second-hand smoke kills tens of thousands of people (non-smokers) every year. I am particularly susceptible given my intense asthma as a child. I still have my pump and have used it on several occasions when I find it difficult to breath. Recently, I have developed additional breathing problems.

My question is, what can I do? What do I need to prove and how, so he has to leave whether he likes it or not?

**A: you are in a hot spot. If you are a minor, you basically have little say. If you are an adult, you can move out.

 

[jnogu]

I'm 25. I'm not going to move out.

So, what you're saying is that it is perfectly legal to harass someone with second-hand smoke, even in the person's home?

 

[moburkes]

I'm 25. I'm not going to move out.

So, what you're saying is that it is perfectly legal to harass someone with second-hand smoke, even in the person's home?

You're 25. You're an adult - just like he is. Smoking isn't illegal and you're not a minor. . This disagreement is just like any other disagreement between adults - none of your business. If you don't like his smoking you are free to leave - as long as you're not on the lease. If he is not on the lease, and your mother wants him out - then she needs to legally evict him.

 

[Proserpina]

I'm 25. I'm not going to move out.

So, what you're saying is that it is perfectly legal to harass someone with second-hand smoke, even in the person's home?

You have a choice.

Stay, or go.

 

[CdwJava]

I'm 25. I'm not going to move out.

Then you either convince him to stop smoking inside or you live with it. Your choice.

Sooo ... why are you 25 and still living at home???

So, what you're saying is that it is perfectly legal to harass someone with second-hand smoke, even in the person's home?

Pretty much, yeah.

This is a civil issue. If you feel you have a valid case and have damages and medical bills as a result of the second hand smoke, you can TRY to sue him, but since you are an adult and are choosing to remain where you are, you are likely out of luck.

 

[ecmst12]

It's his home too. He can smoke in it if he wants. Find your own place, you're a big boy now.

If mom wants him out, she needs to file for divorce and ask the court for sole posession of the marital residence.

 

[jnogu]

You're 25. You're an adult - just like he is. Smoking isn't illegal and you're not a minor. . This disagreement is just like any other disagreement between adults - none of your business. If you don't like his smoking you are free to leave - as long as you're not on the lease. If he is not on the lease, and your mother wants him out - then she needs to legally evict him.

When someone harasses me, it's my business.

Smoking is legal, harassment is not.

Can anyone help me with harassment laws?

Thanks.

 

[CdwJava]

When someone harasses me, it's my business.

Smoking is legal, harassment is not.

Can anyone help me with harassment laws?

Thanks.

So ... you can prove that his smoking in his house is done solely to "harass" you?

Good luck with that.

Smoking is not illegal in one's own home. Unless he is blowing it in to your room, you have no leg to stand on.

But, if you have the money, you can hire an attorney and seek to sue him in civil court and seek reparations for all the damages he has caused you. But, if you had money, I suspect you would not still be living at home, would you?

Look, it comes down to this: Mom goes to court to evict him, you move out, or you learn to live with it. Of course, maybe a nice old-fashioned sit-down with him might work, too. But, the law is not going to do this for you.

The harassment laws can be found here, but they are not going to include otherwise legal activity such as ... smoking in one's own residence:

http://wings.buffalo.edu/law/bclc/web/NewYork/ny3(b).htm

 

[Gracie3787]

When someone harasses me, it's my business.

Smoking is legal, harassment is not.

Can anyone help me with harassment laws?

Thanks.

Oh, grow up!

At least your idiotic attitude gave me a good laugh. When you typed that you are not going to move out, I imagined that you were stomping your feet and throwing a temper tantrum like a normal 2 yr old would do. Oh, yeah, that's right, you are 25 years old.

Try moving out and acting like an adult, and if he is harassing you by smoking, then YOU are harassing him by insisting that he quit smoking.

 

[Isis1]

I'm 25. I'm not going to move out.

So, what you're saying is that it is perfectly legal to harass someone with second-hand smoke, even in the person's home?

ow...i laughed so hard i started choking. i really thought there was a really good question along here.

it's not harrassment. get over it. if his home. he can live how he wants. you don't like it, you can leave. it's really that simple. you chosing to live in an enviorment that is supposedly a danger to your health, makes you "dee dee dee"!

 

[HomeGuru]

I'm 25. I'm not going to move out.

So, what you're saying is that it is perfectly legal to harass someone with second-hand smoke, even in the person's home?

**A: do you pay rent? Do you have a written lease agreement?
Define the legal definition of harassment.

 

[Antigone*]

**A: do you pay rent? Do you have a written lease agreement?
Define the legal definition of harassment.

Harassment is when my daddy decides to be mean to me. I want my mommy

I'm 25 and I need my mommy!!!

Oh wait ~ so that I don't be accused of being rude or harassing, let me restate.

I'm 25 and I need my mommy ~ PLEASE!!!