Is raising one's voice in public in response to someone raising their voice first, a "crime"?
A: Disturbing the peace and disorderly conduct is a crime. Raising one's voice is not. If it were, the entire U.S. Congress would be in prison. The HOA President in this situation is purposely baiting others to raise their voice against her when she steps onto their property and begins making false accusations in a loud voice. When the property owner responds back with the same volume, she proclaims that is being "Out of Control" as if that were some offense that would justify calling the police. Is it?
A: Don't be silly. You could record the proceedings, if you need evidence to demonstrate that the president's assertions are frivolous.Doesn't a person have to make a verbal threat or act in a threatening manner physically in order for this to be an "offense?"
A: “The term ‘breach of the peace’ is generic, and includes all violations of the public peace or order, or decorum; in other words, it signifies the offense of disturbing the public peace or tranquility enjoyed by the citizens of a community; a disturbance of the public tranquility by any act or conduct inciting to violence or tending to provoke or excite others to break the peace; a disturbance of public order by an act of violence, or by any act likely to produce violence, or which, by causing consternation and alarm disturbs the peace and quiet of the community." Woods v. State, 152 Tex.Crim. 338, 213 S.W.2d 685 (1948).
Or is it against to law to raise one's voice at all?
A: TX Pen. Code Sec. 42.05(a) A person commits an offense if, with intent to prevent or disrupt a lawful meeting, procession, or gathering, he obstructs or interferes with the meeting, procession, or gathering by physical action or verbal utterance.
Note: In order to "disrupt," there must be incitement to a breach of the peace, which is why I provided that definition, first.Is it against the law to disagree verbally with HOA Presidents?
A: Now you're being silly.Do HOA Presidents own the air and if you speak in any fashion that disturbs it or displeases an HOA President, you can be thrown in jail?
A: Come on...I get it -- you're pissed, but venting won't resolve the issue. You need a plan to deal with the president. We are well aware that this HOA President needs to be removed from office. But this question asks whether there is any merit to her charge that objecting to her verbal accusations in similar volume is somehow against the law and an actionable offense that could land one in jail.
A: Considering that there would be a room full of witnesses, a fair number of whom would likely side against the president, I cannot imagine the district attorney taking this sort of case. There would have to be a physical altercation so as to confirm that something said had incited the participants to violate the criminal law.And what could be a counter charge for her raising her voice and accosting a homeowner on their own front lawn?
A: Accosting, to me, means physical contact. Again, the baseline misdemeanor
is "breach of the peace." If the president comes onto your property and starts into a verbal assault, you can simply state that she is trespassing, and that if she does not leave immediately, then you will call the police/sheriff and have her removed.
Hope this helps.