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Can my neighbor physically hold my 11 yr old child by force?

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  • Can my neighbor physically hold my 11 yr old child by force?

    Can my neighbor physically hold my 11 yr old child by force if the neighbor thinks my child stole the neighbor's outdoor pond turtles--ie live turtles in a artificial small pond.
    My son could not have had live turtles on him in hiding for God's sake.
    The neighbor held him by force until the police came and searched my son and of course forced the neighbor to release my son. All this happened while was at work

    What legal options may I have against the neighbor.

  • #2
    Depends on your state's law and you haven't said where you are.

    Generally, though, a property owner may protect his property by using an appropriate amount of force.

    I'm sure that there is a lot more to the story than you or your son is telling. Not the least of which is what, exactly, do you mean by "physically" held your son? And how did your son get close enough to get grabbed?

    And if your son suffered no harm, there aren't likely to be any "legal" options, especially if the police officer didn't see fit to request that charges be filed. Did he?

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    • #3
      My son was looking at the turtles as would any young boy and the neighbor doesn't mind when kids do that but several turtles now are gone over a few weeks and the neighbor apparently thinks the kids are taking them.
      That's no reason to hold him by the arm for 30 minutes and ask police to search his back pack (and our home/yard??? which was denied by the police) etc.
      I am still livid.

      The neighbor just plain was wrong and made a false accusation.

      (They all did search the back pack, no turtles btw.)

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      • #4
        The neighbor just plain was wrong and made a false accusation.
        Sure, but this is one of those wrongs for which there is likely no recourse. You can go to the police department and report him for assault and kidnapping or whatever else you can think of. If the authorities won't prosecute, then you can file a civil suit. But you aren't likely to get anything but a big attorney bill because your son wasn't harmed and didn't suffer any monetary damages.

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        • #5
          Well indeed that may be.
          I will hopefully calm down over time.

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          • #6
            Hmm looks like they found the culprit.
            What do they expect when little kids see all those turtles.

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            • #7
              Originally posted by Gabble View Post
              Hmm looks like they found the culprit.
              What do they expect when little kids see all those turtles.
              For other parents to have raised their children to respect other's private property.

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              • #8
                right, at age 9 it isn't always easy

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                • #9
                  The guy shouldn't allow the kids onto his property to view the turtles.
                  It's just inviting a problem.

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