is touching someones hand battery?

[littleladybug]

What is the name of your state? California

My mom and I manage an apartment building and one of the tenants has been blocking the driveway repeatedly and completely so that no one can get out of the parking structure (16 cars) as well as individual cars inside the underground parking. I was leaving the building last week and this girls car is there again and theres no way for me to leave the parking structure. I was getting late for a meeting. I found the girl and told her to remove the car immediately. She told me she was going to finish up what she was doing (talking on the phone to her mom) and then move and I said thats not acceptable - she was blocking all the tenants so that no one could get out and she had to move immediately. At this point my mother arrives. The girl was completely defiant and confrontational and wouldnt move the car. She started fighting with me about completely irrelevant things (repairs that had to be done that we were waiting for a call about). She kept refusing to move. She was completely loud and obnoxious and acting like a little kid. My mom touched her hand, grabbed it lightly. I was there and I saw it and it was completely nonviolent nor abusive. She let go right away. I was concerned because she already had been mentioning getting my mom fired, she doesnt like that we tell her to not block the gate and this is far from being the first time she does this. She said she would call the police. I didnt think she had any grounds to do that or that the police would even listen to her. Then the following weekend came a letter from the police that my mom was a suspect in a battery case!!! My mom is absolutely not violent. She is 56 years old and totally devastated and terrified of being arrested. What do we do now? Should we get an attorney before talking to the police?

 

[CALIF-PRO36]

What is the name of your state? California

My mom and I manage an apartment building and one of the tenants has been blocking the driveway repeatedly and completely so that no one can get out of the parking structure (16 cars) as well as individual cars inside the underground parking. I was leaving the building last week and this girls car is there again and theres no way for me to leave the parking structure. I was getting late for a meeting. I found the girl and told her to remove the car immediately. She told me she was going to finish up what she was doing (talking on the phone to her mom) and then move and I said thats not acceptable - she was blocking all the tenants so that no one could get out and she had to move immediately. At this point my mother arrives. The girl was completely defiant and confrontational and wouldnt move the car. She started fighting with me about completely irrelevant things (repairs that had to be done that we were waiting for a call about). She kept refusing to move. She was completely loud and obnoxious and acting like a little kid. My mom touched her hand, grabbed it lightly. I was there and I saw it and it was completely nonviolent nor abusive. She let go right away. I was concerned because she already had been mentioning getting my mom fired, she doesnt like that we tell her to not block the gate and this is far from being the first time she does this. She said she would call the police. I didnt think she had any grounds to do that or that the police would even listen to her. Then the following weekend came a letter from the police that my mom was a suspect in a battery case!!! My mom is absolutely not violent. She is 56 years old and totally devastated and terrified of being arrested. What do we do now? Should we get an attorney before talking to the police?

My response:

As innocuous as it undoubtedly was, any unwanted touching, no matter how slight, done in the heat of argument, or otherwise, can be construed as a "battery". It has nothing, necessarily, to do with "violence" - - only that the receiver of the touching perceives the same as "unwanted." A touching would be considered "offensive" if it offended a reasonable person's sense of personal dignity. Lack of consent to the particular contact is an essential element of battery.

Battery requires a showing that:
-- defendant touched plaintiff's person (or caused plaintiff's person to be touched) with the intent to harm or offend plaintiff;
-- plaintiff did not consent to be touched; and
-- plaintiff was harmed or offended by defendant's conduct. (The touching is "offensive" if it offends a reasonable sense of personal dignity.")

Additionally:

"Harassment" means either:

_ unlawful violence (assault, battery or stalking other than in self-defense or defense of others);

_ credible threats of violence (statement or course of conduct willfully placing another in fear for safety of self or family member); or

_ knowing and willful course of conduct directed at a specific person that:
-- "seriously alarms, annoys or harasses" that person;
-- serves no legitimate purpose; and
-- would cause a reasonable person to suffer substantial emotional distress and in fact causes plaintiff to suffer such distress. [Ca Civ Pro § 527.6(b)]

There's an old story of a man who sees a beautiful woman laying, with her eyes closed, on the beach sunning herself. Passion gets the better of him, and he kisses her on the cheek. Guess what happened to him?

Next time, call a tow truck. In the amount of time this took, the truck could have already had her car hooked up.

IAAL

 

[john123456]

What is the name of your state? California

My mom and I manage an apartment building and one of the tenants has been blocking the driveway repeatedly and completely so that no one can get out of the parking structure (16 cars) as well as individual cars inside the underground parking. I was leaving the building last week and this girls car is there again and theres no way for me to leave the parking structure. I was getting late for a meeting. I found the girl and told her to remove the car immediately. She told me she was going to finish up what she was doing (talking on the phone to her mom) and then move and I said thats not acceptable - she was blocking all the tenants so that no one could get out and she had to move immediately. At this point my mother arrives. The girl was completely defiant and confrontational and wouldnt move the car. She started fighting with me about completely irrelevant things (repairs that had to be done that we were waiting for a call about). She kept refusing to move. She was completely loud and obnoxious and acting like a little kid. My mom touched her hand, grabbed it lightly. I was there and I saw it and it was completely nonviolent nor abusive. She let go right away. I was concerned because she already had been mentioning getting my mom fired, she doesnt like that we tell her to not block the gate and this is far from being the first time she does this. She said she would call the police. I didnt think she had any grounds to do that or that the police would even listen to her. Then the following weekend came a letter from the police that my mom was a suspect in a battery case!!! My mom is absolutely not violent. She is 56 years old and totally devastated and terrified of being arrested. What do we do now? Should we get an attorney before talking to the police?

No doubt, your story is spine tingling! However, what is your legal question?

 

[CALIF-PRO36]

No doubt, your story is spine tingling! However, what is your legal question?

My response:

The question is in the title of the thread; i.e., "is touching someones hand battery?"

IAAL

 

[littleladybug]

my question(s)...

Im asking 2 questions, what constitutes battery on one hand and secondly whether we should be talking to a lawyer.

And for your information, in our neighborhood the police and tow trucks take their time getting over.

If touching someones hand is illegal - isnt trapping someone inside a building?

Ironically my mother has worked in the domestic violence field (with a shelter) and is probably the most anti-violent person I know.

 

[john123456]

My response:

The question is in the title of the thread; i.e., "is touching someones hand battery?"

IAAL

depends on the recipient.

 

[CALIF-PRO36]

Im asking 2 questions, what constitutes battery on one hand

MY RESPONSE: Is my initial response to you invisible? Your question is answered.



and secondly whether we should be talking to a lawyer.

MY RESPONSE: Since she has made a formal complaint with the police, and they want to talk to your mother, did you really need someone to tell you to get the advice of an attorney? Forgive me, but I thought that would be a foregone conclusion. My mistake. Get an attorney.



And for your information, in our neighborhood the police and tow trucks take their time getting over.

MY RESPONSE: I don't care. This is irrelevant. Your mother had no right to touch her.



If touching someones hand is illegal - isnt trapping someone inside a building?

MY RESPONSE: Yes, it is. It's called "False Imprisonment."



Ironically my mother has worked in the domestic violence field (with a shelter) and is probably the most anti-violent person I know.

MY RESPONSE: Well, now she's going to see how the Justice System works, and get a dose of her own medicine in the bargain.


IAAL

 

[garrula lingua]

OP:

Note that the Prosecutor has to prove all elements of a crime:
Battery requires a showing that:
-- defendant touched plaintiff's person (or caused plaintiff's person to be touched) with the intent to harm or offend plaintiff;
-- plaintiff did not consent to be touched; and
-- plaintiff was harmed or offended by defendant's conduct. (The touching is "offensive" if it offends a reasonable sense of personal dignity.")


Intent is part of the offense. Many people will take someone's hand in a gesture of supplication (a cultural difference to us, Americans don't usu touch).

Just because Mom is charged doesn't mean she's been found guilty. All elements have to be proven beyond a reasonable doubt.
See if she qualifies for the Public Defender.

 

[littleladybug]

ugh....

I came to this forum for a friendly at best but mostly neutral advice. I have no idea what happens when someone files a report against you because that has never happened to me nor anyone in my family or circle of friends. I am still seeking advice. I appreciate the information regarding the false imprisonment, regarding the rest of your comments I am now even more convinced of her innocence if anything. If you feel the need to be hostile or judgemental please refrain from posting as my family is going through really stressful times now. Have you ever heard of not throwing rocks from a glass house?

Thanks garrula - I appreciate the advice. Im still up reading up on laws regarding this (cant sleep) and I have been finding similar information.

 

[CALIF-PRO36]

OP:

Note that the Prosecutor has to prove all elements of a crime:
Battery requires a showing that:
-- defendant touched plaintiff's person (or caused plaintiff's person to be touched) with the intent to harm or offend plaintiff;
-- plaintiff did not consent to be touched; and
-- plaintiff was harmed or offended by defendant's conduct. (The touching is "offensive" if it offends a reasonable sense of personal dignity.")


Intent is part of the offense. Many people will take someone's hand in a gesture of supplication (a cultural difference to us, Americans don't usu touch).

Just because Mom is charged doesn't mean she's been found guilty. All elements have to be proven beyond a reasonable doubt.
See if she qualifies for the Public Defender.

My response:

. . . and then, there's the Civil action against Mom. The threshold of "proof" is far less than a Criminal prosecution.

With all the trouble and expense that this is going to cause, Mom should have known to keep her hands to herself - - regardless of the outcome of any Criminal or Civil actions. She knew better.

IAAL

 

[CALIF-PRO36]

I came to this forum for a friendly at best but mostly neutral advice. I have no idea what happens when someone files a report against you because that has never happened to me nor anyone in my family or circle of friends. I am still seeking advice. I appreciate the information regarding the false imprisonment, regarding the rest of your comments I am now even more convinced of her innocence if anything. If you feel the need to be hostile or judgemental please refrain from posting as my family is going through really stressful times now. Have you ever heard of not throwing rocks from a glass house?

Thanks garrula - I appreciate the advice. Im still up reading up on laws regarding this (cant sleep) and I have been finding similar information.

My response:

I guess the law can be "judgmental." Ignorance, or purposeful ignorance, is bliss.

Have a nice evening.

IAAL

 

[littleladybug]

ignorance is only bliss when...

Youre able to block a rude user. Which you can do in this forum.

 

[CALIF-PRO36]

Youre able to block a rude user. Which you can do in this forum.

My response:

No need. I've said all there needs to be said. You and Mom are on your own. Have fun in both courts. I'm done on this thread.

IAAL

 

[Zigner]

isnt trapping someone inside a building?

Yes, but what does that have to do with your situation? No one was "trapped" inside the building.

 

[BelizeBreeze]

Youre able to block a rude user. Which you can do in this forum.

You want to block someone who has given you the CORRECT legal answer? If you don't like the attitude tell your mom to stop relying on an immature brat to get it for her and pay a local attorney approximately $300 for the same damn answer.

And the next time your mother finds this person blocking access, have her towed. PERIOD.