Haupt v. Langlois
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In this case, the Vermont Supreme Court affirmed a lower court's decision to issue a no-stalking order against a man, John Langlois, who was found to have physically assaulted his neighbor, Gail Haupt, on two occasions. The altercations were the result of a property dispute between the two. The defendant argued that the court erred in considering his acts of physical violence as threats under the stalking statute, and that his actions were justified in defense of personal property. The court rejected both arguments.
First, it held that physical violence can constitute a threat under the stalking statute because it communicates an intent to inflict physical harm. The court reasoned that by using violence against the plaintiff on two occasions, the defendant conveyed a message that he was willing and able to inflict physical harm, and therefore threatened the plaintiff within the meaning of the statute.
Second, the court ruled that the common law defense-of-property privilege is not a defense to a civil stalking order. The court noted that the purpose of the stalking statute is to protect individuals from "severe intrusions on personal privacy and autonomy" and to limit "risks to the security and safety" of the individual. The court concluded that the "critical question in such proceedings is not who was at fault, but who, if anyone, is in need of protection." Therefore, the defendant's actions were not privileged and the court did not err in failing to consider his defense-of-property argument. As a result, the court upheld the no-stalking order against the defendant.
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