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If I push someone to get them off my property is it assault?
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If I push someone to get them off my property is it assault?

I pushed this kid who was on my property that I did not want on my property and he refused to leave. So I shoved a couple of times until he was off my property. He fell down, but he didn't get hurt as he jumped up and walked away. I didn't punch him or hit him at all.
Additional Details
He is not a minor and either am I. He wasn't just walking through. He was a friend of a friend and suprisingly someone who I knew and dont like. I had 3 close friends and 2 family members over my house for a BBQ. Nothing wild and no one was drinking. I told him to get off my property when I saw him and told my friend that I didn't want him here either. The person i didn't want there gave me a smart remark and said he wasn't leaving. I got in his face and pushed him. He stumbled backwards and i pushed him again and he fell down. He got up and walked away.


    




Victoria
No; but if they were hurt yeah


luck
Rating
you are right....


Mom of Twins and a Singleton!
Rating
It could be assault. if he pushed back however, that could be self defence.


OverRuled23
Just to add to the other answers here:

Get a "No Trespassing" sign, or signs.

Next time someone uninvited or a stranger walks on your property, tell them to leave. If they refuse-take their picture via cellphone. If you can somehow get them either to stand near your "No Tresspass" sign, or take their pic with the sign in view - that's even better. Then call the cops.

Burden of proof will be on them to Show Cause as to what they were doing on your property, and why.

Try never to assult anyone. I know it's annoying that someone you don't want on your property is there; however they could get hurt somewhere else (or have someone assault them), and claim you did it. Lots of sickos out there, and it would be their word against yours, unless there's a credible witness, or you have a security camera that's rolling.

Good luck.


Heather
Yes it is assault. Pushing or shoving another individual is still assault even if you are on your land. You should ask the individual to leave. If that doesn't work, call the police. Taking matters into your own hands and assaulting another individual could easily backfire. You did not handle this situation appropriately.


Lynn Bodoni
It's either assault or battery, I always get the two terms mixed up. At any rate, you initiated the physical contact, and yes, you can be charged for it.


Sarah
what he did is trespassing.

what you did is called battery (assault too if he seen you coming at him to push at him.)

You are not allowed to exercise "self defense" in protecting your property if you or your property is not being or in imminent danger of being harmed. Merely walking across your grass does not constitute damage to your property.


Roses
Rating
It could be assault. How old is the child? If he comes back I think it would be wise to deal with it another way. Tell him he is trespassing. See if you can speak to his parents to get him to realise he is doing the wrong thing. It is difficult.


happypitbull
Rating
In layman's terms it is an assault. Depending on how much force was used in pushing him though and the laws of your jurisdiction, it may not even rise to the level of being misdemeanor.

I doubt anything will come of it but if you were charged with assault, then you could raise self defense of property as a defense. Almost every jurisdiction recognizes a right to use reasonable force to eject a person from real property if a reasonable person would have belief that the trespasser could cause imminent harm to the real property.

While Sarah is basically right in her analysis of the law she is wrong on application of the facts. Aside from the fact that we don't know if all he was doing was walking accross the grass, in most jurisdictions, when a trespasser is asked to leave the premises and fails to comply with that request, the prosecution bears the burden of proving that it was not reasonable to believe the use of force was necessary to prevent imminent harm to the premises.

As stated before though, I wouldn't worry about it. I doubt your county prosecutor is interested in pursuing a case because little Johnny got a boo boo after refusing to get off of your property.


danesnpits
I had a situation happen similar. I have an ex boyfriend of 6 years history, we have been friends. My mom hired him to come do work at my house to reno. He had not shown up for 3 appointments, so I went over there to see what was up and get my cat back. He asked me to leave. I am 5 foot 2 and he is 6 feet tall. I said I want my stuff, and I want to know if he had bought the supplies with the money I gave him. He said get out of my house, grabbed me, and threw me up against the wall, as well as threw me head first down the stairs. Yes I was injured and yes I have photos and a medical report. The police told me today, that they don't know if they can charge him now because he had asked me to leave and I didn't. Is he going to get away with this?





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