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Law about tuning around on driveway and taking pictures of children.We have a daycare...

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paul1962 | Student, Undergraduate | eNotes Newbie

Posted September 5, 2008 at 10:13 AM via web

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Law about tuning around on driveway and taking pictures of children.

We have a daycare in Winooski Vermont and there is this neighbor that insists that customers cannot use the bottom of her driveway to turn around in, she has threatened some of the parents and has displayed behavior that is outragios because of this; furthermore she has taken a peice of wood and has taken a swing at the daughter of the daycare provider (reports have been entered to the police however, the police state that no offense has been taken because there was no actual contact. HELP!!!!!

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urthona | (Level 1) Assistant Educator

Posted September 5, 2008 at 11:58 PM (Answer #1)

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Under Vermont law, entering the neighbor’s driveway without consent may constitute trespassing if no-trespassing signs have been posted or if the neighbor has given the driver notice not to enter the driveway. See Vermont Statutes 13.3705 to find other conditions that may apply.

The police officer appears to be wrong about the requirements to file an assault charge. Vermont Statutes 13.1023 states:

(a) A person is guilty of simple assault if he:

(1) attempts to cause or purposely, knowingly or recklessly causes bodily injury to another. . . .

Assault has always included the attempt to injure. (Historically, laws treated the threat of physical injury as an “assault” and actual physical contact as “battery.” Most state laws no longer make the distinction.) The findlaw.com link below provides the essential elements of assault.

It's posssible that the police are trying to defuse the situation by avoiding the neighbor filing trespassing charges and the daughter filing assault charges or that some other circumstance makes an assault charge impossible, such as the neighbor was not close enough to hit the daughter with the wood.

Disclaimer: This post contains general legal information and should not be construed as legal advice to be applied to any specific factual situation. Each reader should consult a lawyer if you want a qualified professional’s assurance that this information, and your interpretation of it, is appropriate to your particular situation.

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