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VA code 18.2-121 Entering the Property**************

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heartintx

Junior Member
What is the name of your state? VA

On 10/31/2006 my neighbor(mother of three children) whom we have had a on and off family relationship barged into my home and targeted my 14 year old wheelchair bound daughter and 3 of her friends. She yelled and screamed at them, stormed around my house pointing in their faces and said,"You don't want to mess with me or my children b/c I work on the school board and your asses will regret the day you did!!" She said other things, but that was the only threat made. She isn't on the school board, but she is a teacher in the school sytem where my 7 year old son, my daughter and the other 3 girtls attend.

She then ran out of my house hysterically yelling and screaming, making a total fool out if herslef(this was witnessed by my neighbors and her husband and children who where next door trick of treating. I wasn't home at the time, but my daughter called me on my cell phone and my husband ran home with in minutes. This incident terrified my daughter and her friends. My daughter said she was scared of what she might do to her if she said anything.

We called the police and they were unabe to do anything other than tell her to stay away, etc. The next day she called the police on my 7 year old son b/c his baseball rolled into her yard. She actually backed her van up to the end of the driveway so that there would be a better chance of him hitting it. She is crazy!

I went to the police station with my daughter 2 days later to press charges, they contacted the Commonwealth attorney and they would not give the Detective the OK to move forward with a warrant for breaking and entering with intent or any other felony that would stick. The did however tells us we could press charges for a Class 1mis § 18.2-121. Entering property of another for purpose of damaging it, etc.

It shall be unlawful for any person to enter the land, dwelling, outhouse or any other building of another for the purpose of damaging such property or any of the contents thereof or in any manner to interfere with the rights of the owner, user or the occupant thereof to use such property free from interference.

They feel confident this charge will return a guilty verdict, but they will not pursue it. We have to file the charges, get the warrant and represent ourselves at our expense.

I am just blown away by the law here. You can actaully walk into anyone's home and do and say anything you want as long as you don't threaten anyone or damage their property.

My question is anyone familar with this code and do you have any advice to help us through this process? My daughter is scared now to stay alone and she is almost 15. Something has to be done to stop this woman from doing and saying anything she wants. I would not put anything past her after this incident. I might add too that she has a history of overuse of narcotics(but I don't know if I can prove it) she is on antidepressants and she has told me that she takes anti-physchotic medication.

Thirty minutes before this incident I was at her house talking to her and taking pictures of our kids together for halloween.

Do I have any recourse with the school b/c she used her status as a teacher to threaten?

Any advice would be appreciated. Thank you, LorriWhat is the name of your state?
 


CdwJava

Senior Member
What would you try to do with the school? You can certainly talk to the administration or the superintendent, but I doubt that they will be able to cake any direct action against her.

As for the charges, I am afraid I am not familiar with VA law in this regard. VA is one of those states where individuals can "swear out a warrant" against another. However, I was not aware that you had to pay for a prosecution. That seems very odd. Perhaps you misunderstood them.

You might consider consulting an attorney for advice.

Have you considered a restraining order?


- Carl
 

heartintx

Junior Member
VA dosen't have restraining orders unfortunatley. We don't have to pay for charging her, but we would need an attorney especailly if she gets one to make sure nothing slips through the cracks. As far as the school, she has told me before she accesses the school's computer system to view her childrens grades on a daily basis. She could just as easily do this to my children and to be honest that would not be the worse thing, but I just don't trust her and what she is capable of. If nothing else she could start rumors, lies, etc. and I know that is trival, but we live in a small town and it just makes things difficult.
 

CdwJava

Senior Member
You cannot have her charged or disciplined for what she MIGHT do. Unless she has done those things, the fact she teaches at the school is largely irrelevant and the school will be hard pressed to take any action even if they wanted to do so.

- Carl
 

heartintx

Junior Member
Do you know how a Class 1 mis. will or will not affect her position as a school teacher? We were told by the Detective that a conviction is pretty much guaranteed b/c of the witnesses and she admitted to coming into my home as well. Thanks for your advice
 

CdwJava

Senior Member
It probably would have no effect at all. A felony, maybe ... a misdemeanor, probably not at all. VA might allow it to effect a teacher if it were a violent crime, sex-related or drug-related, but trespassing is not likely to force her to lose her job.

- Carl
 

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