Legal Question in Civil Litigation in Virginia

My wife and I were in our bedroom standing up getting ready for painting when a gunshot came through the window. No physical injury. The person also shot a hole garage door. Police were called and they made an arrest. It was an errant hunter. We are very upset and now very jumpy and feeling anxious while in our home. Angry that we feel this way. What options do we have.

Asked on 11/27/19, 2:02 pm

1 Answer from Attorneys

Jonathon Moseley Jonathon A. Moseley

Assuming you know who it is, which apparently is true if they made an arrest, you can sue the person for a public nuisance, negligence, assault (which is putting someone in fright of imminent harm, a battery being the actual physical contact part of "Assault and battery"), and property damage.

I understand that the property damage is probably very small in dollar terms and thankfully no one was physically hurt.

But the existence of any damage at all may be enough to then support punitive damages or the like.

I gather from what you say that there is no reason to think that the hunter was acting intentionally. If it were intentional, other legal grounds might be available.

You might also explore a protective order sworn out with the magistrate.

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Answered on 11/27/19, 4:18 pm

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