My neighbors have kept horses on our property for years without paying rent/board. Recently, their two 20-something children moved into the house next door, and the entire situation has become awful. Soon other kids moved in and the problems have escalated (horses always loose and running up to our barn, barbed wire too close to our trails, destroying our property, dumping garbage, 4-wheeling, underage drinking, drugs, firing weapons too close to houses/livestock, taking trees down, harassment of our kids---the works). The more serious incidents were addressed with the parents, when the kids were rude, obnoxious, and/or unresponsive. In November we asked them to remove horses, fencing, etc from our property and cease trespassing. This request immediately followed a strange incident wherein I had driven back to our campsite area, which we do often, and my truck slid into a culvert. Contemplating a long walk back to the house when I couldn't get the truck out, I was shocked to see two deputies at my truck window. I said, WOW, that was quick, but don't think I need the police, what's up, and what are you doing out here?" Too my amazement, they accused me of being 'intoxicated, and suicidal'. I asked them who in the world had called them, and how they had determined this. They said my 'neighbors were worried when they saw me drive by, and followed me back to find me laying in the snow, threatening to harm myself. I tried to tell them that I had not seen the neighbors, and was clearly not laying in the snow, or suicidal. They insisted on a "mental health" arrest, and I'm afraid I did go a bit ballistic at the ridiculousness of it. Still don't get the whole thing, but as usual, my ex (who resides in another town, but still maintains an uncomfortably close relationship with them) was at the bottom of it. Instead they got another horse, and put a building on our land. Recently we took their fence down after securing their horses in a small paddock on their side, and tried to again explain that all past deals were "off" and they needed to clean up the mess. We even spoke to the parents, who again, live right next door to them, and have the authority to supervise, and prevent such behavior. Their response was that my ex-husband had given them permission to use it, and it was 'not mine for long'. Although they have moved the building (still too close to the property line) No change in their rudeness, swearing when we ride by, yelling at my lesson kids, etc. Last Sunday, we arrived home to find our fenceline that's adjacent to their yard cut in eight places, completely dropping the lines all the way around the field (it's high tensile braided rope---when you cut it once, it all comes down, so they really outdid themselves, and it's unrepairable). As they are well aware, a stallion, and broodmares occupy that area, and were basically free/loose, although thank God they were still more interested in grass than escaping. And as they know, we live on a fairly busy road, as it was July 4th weekend, campers, families, etc driving by, I totally bonked out at the potential disaster this could easily have been. We decided to call State Troopers mostly because of the public safety factor, and quite frankly I've had it with the small town "good ol boys" sheriff's dept, who never do anything when it involves a 'town native' (obviously not me). I was truly horrified, and beyond angry when the trooper's "advice" was that it was a civil matter and to consider placing deer cameras in the area. When I pointed out the public safety problem that releasing livestock presents, that it certainly is NOT civil, it's criminal, and the completely insane expense of covering 10 acres with cameras, most likely to have them destroyed as well when the punks saw the flash, his response was pretty much "aw shucks ma'am, I could go talk to them, but it probably won't do any good. They won't admit it, and you have no proof." Well, here comes my error in judgment....I stormed down to their house, and confronted one of them. I was physically attacked, struck in the chest with a shovel, which landed me right on my back/head in their driveway. I had to go to the hospital so they "couldn't take my statement" that night. I documented, did everything I thought I was supposed to do. A week later, after three calls to the trooper, he finally agreed to take my statement. To my utter amazement, when he arrived here to take my deposition, he arrested me for criminal trespassing/intent to damage property. Yup, cuffs, the whole works. So---WHAT NOW??? This is insane, something stinks to high heaven and I need help.
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Property Invasion, Damages, Trespass assaulted by neighbor who continues to harass kids/pets, and trespass.
- Thread Starter momtana
- Start date
And you have not contacted a lawyer because?? This isn't a message board problem. It isn't clear why your neighbors are allowed on your land or why you have not called the police to remove them when they arrive but yes, going off on the police and going to the neighbor's house to confront them was a horrible idea and will make all of this much harder.
I'm confused by your response, ElleMD---Perhaps you misunderstood. The post was long, because this has been going on a long time. We don't call the police every time their horses are loose or they fire off assault weapons, but it has become a problem. When a 20 something 6' male attacks a 45 year old mother, this is now a huge problem for me. Seems like law enforcement should define itself. I will shorten it. My neighbors cut my fencelines (criminal) and exposed horses to a main route (morally reprehensible). Police would not investigate, or take a deposition, therefore I confronted verbally. I was then clotheslined by a shovel and spent the night in the hospital with a concussion and "blunt chest trauma", bruised ribs etc. For some reason, after three phone calls to the police, I was arrested for trespassing and int. property damage when that seems to be precisely the charge that should have been forthcoming on them, and now assault added. Anyone know why police seem suspiciously inept in dealing with this, how I can make sure justice is served, and protect my property. Do I contact the DA? a defense attorney, or a personal injury lawyer? Thanks
As none of us work for that police department, we can not say why it happened or didn't happen the way that it did. It would have been wise to call the police and make a report when the fence was cut, rifles fired, they came on your property uninvited, etc. For whatever reason, you did not. You can sue civilly for your injuries but a lot depends on the full story. You showing up uninvited and angry on their property (and causing some kind of damage) is a totally different matter. If you have been charged with something you need to speak with a lawyer immediately.
ok. thanks. As stated in original post, we did call the police. They wouldn't do anything...as has been the case. Everyone has a break point. When my children and animals are being harassed, and threatened, over a period of 9 months...and police refuse to do their job, even when there is a clear public safety issue, I fail to see how me "showing up uninvited and angry", being assaulted by a crazed teenager with a shovel, and NOT causing any type of damage whatsoever, is even in the same ballpark as their actions. Speaking with a lawyer is great for those of us with deep enough pockets. Guess I'll have to take the public defender and suck it up. Like many innocent people, justice seems only a commodity...and an expensive one.
army judge
Super Moderator
Public defenders are paid out of the same purse as the prosecutor. Many of them are the private lawyers others hire.
Don't worry, tax dollars pay good prosecutors, as well as public defenders.
If you think your PD isn't serving your interests properly, you can fire him or her in open court, and request another. High priced lawyers don't mean they're always better lawyers.
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