Legal Question in Real Estate Law in Virginia

My neighbor tore down my privacy fence while I was away on vacation. If I had believed that the fence was on the property line and therefore "communal" I think is the word, where as both parties (neighbors) would have to agree to take it down,repair,repaint or replacing it I believe it would be a civil matter, is it?
I believe it may fall under criminal. Reason being, after I came home and found it torn down, confronted her (she admits to tearing it down), I check my purchase agreement from when I bought the house 6 years ago and discovered that my property actual goes almost 5 feet beyond the fence into what she had claimed as her yard. Is it criminal?
I try to ignore this woman at all cost for the last 5 years as she has taunted my wife with name calling, video taped my son swimming by himself believing it would help her blackmail me (influence my testimony)in her custody trial against her ex. I am a policeman and she blames me & my department for her kids being taken away (totally not the case) she has everyone in this town afraid of her because she is "crazy" , even my Chief said to not make waves, but how can I let her do this and not take action and still look my wife in the eye at night if I don't try? Thank you for any help you can offer.
One confused/conflicted patrolman

Asked on 8/20/12, 4:10 pm

Michael Hendrickson Law Office Michael E. Hendrickson

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0 attorneys agreed

Based upon the facts you've described, this neighbor could be liable

to you in civil damages if she tore down your fence when it was clearly

within your property line.

I do not, however, see a viable criminal case against her based upon these facts.

Answered on 8/21/12, 6:53 am

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