Arrest, Search, Seizure, Warrant Neighbor had cops search my house - how do I file harassment charges?

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TheBellyDancer

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My jurisdiction is: California

My jurisdiction is: California

I'm new here, but I'm here because I've had no need for any forum like this until now. I live in an apartment building with 4 units; there is a house next door to the property where an older man rents out rooms to boarders. One of his boarders happens to be a woman whose (grown) children I've known for nearly 8 years, and she is known by people back in the town where we used to live as a meddling nosey-body that likes to get involved in other people's "drama", wanted or not. Personally, until this week I never had any problems with her, just always thought she was nice enough but kind of strange.

Anyway, a few nights ago my BF and I had an argument and were yelling at each other while the house windows were open all over. BF was going out my backdoor (which is visible from Neighbor's porch next door) and I was following him, telling him to not come back, etc. when Neighbor asked if everything was fine, was I ok? I told her that we were fine, we were just arguing and then tried to ignore her and focused my attention back on my argument with BF, which was JUST us yelling at each other. She wouldn't let up though, and kept trying to interrupt our fight to get in my face and demand answers from me about what was going on, even though it was obvious her help wasn't needed. I snapped at her, telling her to butt out and mind her own business. I'll admit that probably wasn't the best reaction, but BF and I were in the heat of a fight and she should've backed off immediately IMO when it was obvious that we were only yelling at each other and not trying to kill or harm each other. I mean, if you mess with the bull don't be shocked if you get the horns, right?

Neighbor only got more upset and kept yelling and calling me names as I went back up into my house. My BF later told me that he talked with her for about 30 seconds after I went inside, and she "warned" him to stay away from me. That was at about 8:45 p.m. when my BF left for good (he didn't return at all). I invited friends of mine over later, and while we were in the backyard area of my building Neighbor must have heard me (over the fence) telling my friends about the drama, and how I and many people from my old town consider her and her family a huge joke. Immature shit talking, sure, but it's private conversation with my friends, and I was *venting* indiscriminately on my own property.

About 10 minutes later (this was around 10:30 p.m.) we heard pounding on my backdoor. I was startled by who it could be, so I answered the door with my friend and lo and behold - Nosey Neighbor. She started yelling at me, saying that she heard I was a "drugged-out f**k" and all kinds of nasty names. My friend and I told her several times to leave or we would call the police, and when she didn't leave my friend slammed the door shut in Neighbor's face.

Then around 11:00 p.m. I heard more pounding on my backdoor; this time it was the police. My friends left only a minute or so before I answered the door, so they weren't there to witness my police encounter. I was confused and irritated by the cops arrival, and they said that they had received a domestic disturbance call from someone that said they heard screaming coming from specifically my apartment. I tried to explain that my neighbor was obviously trying to use the police as a means of harassment against me, because we had argued earlier. She was even standing out on the sidewalk watching while the cops were at my front door. I initially refused to let them enter because I thought it was ridiculous, but after one of the cops threatened to arrest me with impeding an officer's investigation I relented. The way the officers handled the situation was so improper and upsetting that I filed a report the next day with Internal Affairs (but that's a whole other thread for those details).

My question is, how do I press harassment charges against my Neighbor (assuming I'm right about her calling 911, which I am)? I'm in the process of obtaining the 911 records so I can see who exactly placed the call, or at least when. I am 100% certain that Neighbor - no one else - called the police after my friend and I told her to get off my front door step - if a domestic violence call was placed WHEN she saw BF and I yelling at each other then that would mean that the cops took over 2 hours to get to my house, which seems unrealistic for such a serious call to respond to. The timing seems a little too coincidental that, oh, someone called 2 hours earlier complaining about an alleged fight occurring and then the cops just HAPPEN to show up so shortly after Neighbor gets told off! I should also mention before I forget that the ONLY people in my building at the time the cops arrived were myself and my downstairs neighbor (who said she never heard any screaming).

Not to mention, when I was talking to Internal Affairs today about my complaint the detective was trying to explain about welfare searches and why the cops wanted into my house, she said that the caller had given "very specific information", including mine and BF's names. That fact has confirmed my suspicions; nobody in my immediate neighborhood except for the people in my building and her and her kids would know that sort of information. I only have to get a hold of the 911 records now to confirm my hunch.

My question is once (if) I get my suspicions confirmed, how do I proceed with a harassment restraining order against her? She's crazy; my downstairs neighbor said she heard Crazy Neighbor standing outside my door yelling obscenities for nearly 10 minutes after I shut the door in her face (I never heard her because my windows were shut then). This woman is also known for being vindictive and has a history (not with cops, but socially) of creating false scenarios to get people in legal trouble. I'm also upset because even if nothing comes of my complaint against the police, I'm most upset that SHE caused that situation with them on purpose and brought a lot of stress and anxiety down on me (which I'm diagnosed with). My (probably circumstantial) evidence would be that the time the call was placed is inconsistent with the statement from my neighbor that she got home at about 9 p.m. and never once heard any screaming from inside our building. And as I said before, my downstairs neighbor heard Crazy Neighbor being told to leave, and she heard our door shut and listened to CN rant and rave for several minutes thereafter.

What would be the best course of action to take? Should I drop the whole restraining order idea and just leave copies of the 911 records and statements from witnesses on her doorstep with a letter stating that misuse of 911 to threaten, harass or intimidate someone is punishable by 6 months in jail and up to $1,000 in fines, just to let her know that I'm on to her game and to go play elsewhere?

Thanks for the patience, it's most appreciated.
 
I know I am not the most qualified but my job requires me to be aware of domestic abuse issues. The fact is that you may be opening a can of works that can backfire on you. Most states are so protective of women being abused that it may have actually been a crime for her NOT to have called the police if there was any suspicion of abuse, and you saying there is not abuse is not an indication that there was not. Besides your neighbor did hear screaming coming from your apartment so she was not dishonest when she called the police. Sure her intent may have been to harass but proving that would be kind of hard considering every neighbor would have heard you and your boyfriend arguing.
 
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