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Assault??

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Sixpence

Junior Member
Location: Virginia
Is it illegal for someone to use their body to prevent a driver from closing window in argument?
Driver arrives to pick child up from caregiver. Driver never exits car. Caregiver approaches car. An argument ensues through open driver window. Driver states he/she done talking, attempting to close driver window. However, caregiver uses his/her own body arms hands to prevent the closure windows are auto. Driver then instructs caregiver to stop touching window, trying to extract caregivers grip upon door. Driver eventually starts window closing after caregiver is distracted by caregivers spouse. Driver uses own arm to prevent caregiver from grasping the door and window again. Caregiver, then, grabs drivers arm, pushing it, to release blockade of window and door. Caregiver, again, gains access stopping the window from closing. I am fairly certain the caregiver committed assault by grabbing drivers arm. But, is preventing the closure of the window assault as well?
 


Eekamouse

Senior Member
Location: Virginia
Is it illegal for someone to use their body to prevent a driver from closing window in argument?
Driver arrives to pick child up from caregiver. Driver never exits car. Caregiver approaches car. An argument ensues through open driver window. Driver states he/she done talking, attempting to close driver window. However, caregiver uses his/her own body arms hands to prevent the closure windows are auto. Driver then instructs caregiver to stop touching window, trying to extract caregivers grip upon door. Driver eventually starts window closing after caregiver is distracted by caregivers spouse. Driver uses own arm to prevent caregiver from grasping the door and window again. Caregiver, then, grabs drivers arm, pushing it, to release blockade of window and door. Caregiver, again, gains access stopping the window from closing. I am fairly certain the caregiver committed assault by grabbing drivers arm. But, is preventing the closure of the window assault as well?
Why didn't driver just drive away instead of having this ridiculous struggle? Was this done in front of a child?
 

quincy

Senior Member
Location: Virginia
Is it illegal for someone to use their body to prevent a driver from closing window in argument?
Driver arrives to pick child up from caregiver. Driver never exits car. Caregiver approaches car. An argument ensues through open driver window. Driver states he/she done talking, attempting to close driver window. However, caregiver uses his/her own body arms hands to prevent the closure windows are auto. Driver then instructs caregiver to stop touching window, trying to extract caregivers grip upon door. Driver eventually starts window closing after caregiver is distracted by caregivers spouse. Driver uses own arm to prevent caregiver from grasping the door and window again. Caregiver, then, grabs drivers arm, pushing it, to release blockade of window and door. Caregiver, again, gains access stopping the window from closing. I am fairly certain the caregiver committed assault by grabbing drivers arm. But, is preventing the closure of the window assault as well?
Assault does not require person to person contact but puts someone in fear of battery.

Battery is unlawful touching through person to person contact or object to person contact. An injury does not have to result from the unlawful touching.

Here is a link to Virginia's law: https://law.lis.virginia.gov/vacode/title18.2/chapter4/section18.2-57/

The car, I assume, had electric windows?
 

Just Blue

Senior Member
Location: Virginia
Is it illegal for someone to use their body to prevent a driver from closing window in argument?
Driver arrives to pick child up from caregiver. Driver never exits car. Caregiver approaches car. An argument ensues through open driver window. Driver states he/she done talking, attempting to close driver window. However, caregiver uses his/her own body arms hands to prevent the closure windows are auto. Driver then instructs caregiver to stop touching window, trying to extract caregivers grip upon door. Driver eventually starts window closing after caregiver is distracted by caregivers spouse. Driver uses own arm to prevent caregiver from grasping the door and window again. Caregiver, then, grabs drivers arm, pushing it, to release blockade of window and door. Caregiver, again, gains access stopping the window from closing. I am fairly certain the caregiver committed assault by grabbing drivers arm. But, is preventing the closure of the window assault as well?
Did this evolve because of an overdue child care bill?
 

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