A Prisoner in my own home

[mamawx12]

My husband and I are in a situation we don't quite know how to handle. For the past 3 years our next door neighbor has caused us nothing but trouble everytime go into our yard. She takes pictures of my husband everytime he cuts the lawn,weed eats,etc. and starts threatening him to take the pictures to social security because he is on disability and has been on it since 1994,but the threats and picture taking didn't start until 3 years ago. He has lived in this house for 26 years now and has always had problems with her over one thing or another. But the situation has really gotten bad the past few years. Last October when he was weed eaten along our driveway she came out screaming and cussing some pretty bad language, he told her wasn't going to listen to her and turned to walk away and she hit him in the back with a broom handle,he filed assualt charges and he has been in and out of court because her lawyer kept getting it put off and the judge finally sent it to mediation,but she told the mediator that she wasn't going to work anything out with us or anyone else. Since last October she has gotten a woman across the street to lie about my husband and also take pictures of him when she not home to do it. The mediator told us to put up a privacy fence, pretty much stating out of site out of mind. So on June 22,2004 we started putting this fence up. We are putting it up ourselves because we can't afford to pay to have it done, we took money we didn't even have to pay for the fence and for someone to dig the holes. Since we started putting the fence up she has really got upset. On July 3,2004 we were sitting in the living room when the doorbell rang and when I answered it it was the police stateing that she called and said we were shooting off fireworks in the front yard and we hadn't even been outside at all. Then on July 10,2004 we were working on the fence and she started cussing my husband as she was standing in her front door and dropped her shorts and pants down and shook her front and rear areas at him. We went to the police department and had a report done on the July 3rd. and July 10th. incidents. When the DA's office called us in to give a statement about what took place they said we couldn't have anything done to her because there was no witness and she didn't do it in a sexual manner. That she did it pretty much just stateing for my husband to kiss her ass,etc. Is there anything we can do to get this woman stopped? We have now enclosed our whole front yard with a privacy fence and can't even see the road anylonger and now will start the back fence. We are now prisoners in our own home. Not to mention being scared all the time off what she may call the police and lie about maybe even to the point they may shoot one of us. We are planning on putting our house up for sale,but we don't know how long it will take to sale it and we don't have the money to go anywhere else at this time. My husband has COPD and a very bad heart and putting up this fence has been very hard on him, but we have no other choice. I hope someone can help us with an answer to this huge problem we are faceing....Thanks

 

[NYClex]

Hm, I am sorry to hear that. If you look around in the forum, you will see that you are not alone with experiences like that (by the way, I guess this threat is in the wrong category, since this is not a job discrimination problem).

What can you do? Not too much, but may be a few things.

The most important you already have done: put a fence around your land.

In addition to that, you should install a camera or two that will record everything happenening on your land. This way you will have proof the nect time. (If you can't afford a system like that, you might try installing dummy cameras which can be found for a few dollars, but which look real. May be that alone will make her back off, thinking she might be on camera).

Make it unmistakeably clear that you will prosecute every instance of unlawful behavior on her side, either in civil court or by filing criminal charges.

Those charges would be:

-Trespass: Any time she as much as touches your land file a civil suit against her and at the same time file a police report for criminal trespass. Even if the DA will not prosecute, you always can prosecute the civil charges, and no matter what excuse she has, if she enters your land without your permission she will be found liable.

-Nuisance: another civil court which is a little harder to prove than trespass, but if you meticulously record how she makes life miserable for you you might gather a case against her.

-depending on the state you are in there might be criminal charges possible against her for threatening you.

-Disorderly conduct is another posiible criminal charge, the incident with the "pants down" surely would qualify as such, if you can prove it (here the camera gets into play).

Call the cops on her every time something is going on. It is their job to respond and she will notice that you are no longer a sitting duck.

Should she make frivolous accusations against you with the cops or the social security administration you might have a case for defamation or a case for other torts against her.

Sometimes it helps to get these bullies to back down when you are just displaying your willingness to fight back. Sometimes of course this won't help.

Whatever you do, never let yourself be drawn into any physical altercation. If she accosts you or otherwise harasses you, call the cops but never take things into your own hands!

 

[Wolfmann]

That sucks. Is she a whack job? Personally I'd do everything she does like a mirror.

Camera is probably your best bet. If you have a PC you can buy an inexpensive USB web camera and point it out a window that will cover her ingress and egress areas. You'd be best to get inexpensive home security options. There are wireless versions which work, but you generally need a software manager to only record when there is movement or you will drain your batteries.

Issue a trespassing notice to her, send a copy to the local police. Each time she breaches it have her arrested and charged.

From there take all these situations and your documentation and attend your local court house. Get an order of restraint placed against her. And make it so that it affects where she lives. She'll have to move out of the neighborhood, or at least down the road.

You can do that in Canada, I believe in the states they call them restraining orders. The issue with that is there has to be some sort of threat of violence. Which is why you need to establish a pattern of threatening with the trespassing issues. If you could get her on a criminal trespass, such as a trespass by night (the Peeping Tom one).

Otherwise you may just have to live with her flicking her pictures. Canada has recently introduced, or arguably re-introduced existing, privacy laws that govern such devices as cellular cameras. How it works or is applied is that if you notice or have proof someone has taken a picture of you without your consent you can demand they destroy it or they can be found guilty of summary conviction offence.

If she threatens to "rat you out" then tell to do so...nail her for defamation afterward if they find the complaint frivolous.

Buy a cheap video camera and take it with you when you go outside, so if she pops up you got her on candid...

 

[Hybridgen4]

Help Needed

I am currently in a similar situation and have filed harassment charges against my neighbor. I have informed the police of five different occurences (verbal only) and will be going to court tonight. I have two witnesses but will only use them if necessary. What can I expect to happen tonight.