Legal Definitions - forcible

Forcible

In legal terms, forcible describes actions or events that are carried out using physical power, or the threat of it, to overcome resistance or opposition. This can involve direct physical contact, but it also extends to any physical interference with a person or their property, even if it seems minor or indirect, and even if there isn't overt physical struggle. The key is that an action is performed against someone's will or lawful right to control.

Here are some examples to illustrate this concept:

• Scenario: A landlord, without a court order, changes the locks on an apartment while the tenant's belongings are still inside, preventing the tenant from re-entering.

  Explanation: This is considered a forcible entry or forcible detainer. Even though no direct violence occurred, the landlord used physical action (changing locks) to interfere with the tenant's lawful possession and right to access their home, effectively overcoming their control over the property.

• Scenario: A person attempting to steal a bicycle uses bolt cutters to break a chain securing it to a bike rack.

  Explanation: This act is forcible because physical force (using bolt cutters) was applied to the chain to overcome the security measure and gain unauthorized possession of the bicycle. The force was directed against the property to bypass the owner's control.

• Scenario: During a protest, a police officer physically pushes a demonstrator back behind a barricade, even though the demonstrator was not actively resisting or attempting to cross.

  Explanation: This could be considered a forcible action because the officer used physical contact to move the demonstrator against their will, interfering with their freedom of movement, even if the demonstrator offered no active resistance at that moment. The physical push itself constitutes the force.