Harassment Issues

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helponlaw

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I live in a townhome community where we have common areas.

I have a neighbor who is continually calling the police on my son because they accuse him of being on their property, this being the retaining wall 5ft from their exterior wall.

I have notified my HO association, I have been sent violations for the kids being on my property and talking in front of the house. The police have come out at least 1x a month for the past two years. One day my son was with a female friend talking on the sidewalk more than 7 feet from his front window and the cops were called. He yelled at my child to take his "party" somewhere else, when the police arrived he told me just to stay away from him, that they habitually call the police, but he has to answer the complaint called in.

I told the office he's on on public property and I have the convenants to prove it, that my child is entitled to be anywhere on the premise.

I want to file harassment charges, we just had an incident on Saturday when a friend stopped by with her son, we had 3 police cars show up to address 2 kids being in between the houses.

I also want to file punitive damages, and my 6 year old has been in the house when all these police show up, and file for mental distress as I have to worry about cops coming to my house whenever the kids are outside....

Please help!! I'm tired of my kids being afraid to play outside my house due to this couple...!!
 
Consult with an attorney to find out about your rights and how you should proceed regarding your intentions to file charges against the neighbor(s).
 
What state is this in?

- Carl
 
State of incident...

I'm in South Carolina. I'm going to the police department to file official charges and then bring them to my lawyer.
 
helponlaw said:
I'm in South Carolina. I'm going to the police department to file official charges and then bring them to my lawyer.
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What "official charges" do you hope to report? It's going to be tough to show that making reports to the police are criminal ... the courts have a real hard time detering people friom calling the cops.

There might be civil issues to bring, but I doubt that criminal charges are forthcoming. Ultimately, criminal charges are up to the DA so I don't know what your attorney can do for you with regard to that.

- Carl
 
I went to the sheriff's office where are the calls have been made to, I got copies of the nine 911 phone calls. All of these have been documented as unfounded or no report.

The lieutenant mentioned I could have a civil lawsuit on civil liberties as well as for humiliation and mental hardship on my 6 year old as well as myself. He also suggested an injuction on them dialing 911 for non emergencies.

He suggested I speak to a civil lawyer and start from there and sue for punitive damages as well.

What's your opinion? I'm sick to my stomach with all this!
 
helponlaw said:
I went to the sheriff's office where are the calls have been made to, I got copies of the nine 911 phone calls. All of these have been documented as unfounded or no report.
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That does not make them "false" or criminal in any way. Most calls turn out to be nothing.

The lieutenant mentioned I could have a civil lawsuit on civil liberties as well as for humiliation and mental hardship on my 6 year old as well as myself. He also suggested an injuction on them dialing 911 for non emergencies.
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No offense to the lieutenant, but he is not a civil attorney and could well be wrong. Now, if you have contacted an attorney and he gave you the same info, then okay. But, I think you will have a hard road to get an injunction preventing someone from calling the police! :eek:

He suggested I speak to a civil lawyer and start from there and sue for punitive damages as well.
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The worst that can happen is that the attorney says you have no case. So, give it a go.

Honestly, there may not be much you can do with a neighbor who is an idiot. But, your state might be different than mine and maybe there is a civil avenue that can be approached. Present all the details to an attorney and see what suggestions he has.

Good luck.

- Carl
 
Thanks Carl.

Everyone on my HOA board knows he's an idiot, but at the same time causing me too much heartburn and preventing me from going outside.

I'm meeting with a lawyer on Friday morning! You're right, the lieutenant isn't a civil attorney, but it was comforting to hear what he had to say.

I'll let you know what happens on Friday!
 
helponlaw said:
Thanks Carl.

Everyone on my HOA board knows he's an idiot, but at the same time causing me too much heartburn and preventing me from going outside.

I'm meeting with a lawyer on Friday morning! You're right, the lieutenant isn't a civil attorney, but it was comforting to hear what he had to say.

I'll let you know what happens on Friday!
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Let us know.

Also, what state is this in?

- Carl
 
She said South Carolina...also the lieutentent didn't say he couldn't call the police only that he made non-emergency calls to the 911. 911 is for emergencies not for calling about someone talking too loud in front of your house.
 
calalily said:
She said South Carolina...also the lieutentent didn't say he couldn't call the police only that he made non-emergency calls to the 911. 911 is for emergencies not for calling about someone talking too loud in front of your house.
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I missed the SC part ... as for the misuse of 911, that's a criminal issue. I cannot imagine a court will order someone not to commit a crime ... they shouldn't commit a crime anyway. I have found only TWO instances in 18 years where a person was prevented by a court from calling the police - by 911 or non-emergency numbers - and both of those were imitated by the law enforcement agency.

Plus, it's arguable as to whether the matter was "an emergency" or not. If we prosecuted everyone who called 911 for an argument, a trespasser, or some minor offense, we'd clog the courts. It just is not going to happen unless they make a load of repeated calls. And, if that does, it will be up to the agency to offer charges to the DA, not to a civil court.

- Carl
 
Well I spoke to two lawyers yesterday and they said I have no case!

There is no law stating that what their doing is illegal, the only thing I can do is if the sherriff's office is called I can ask them to look into their track record to see if their dialing 911.

Other than that, I have no case but my lawyer did tell me not to refrain from being outside.
 
I'm not a lawyer or anything but have an idea for you. Like your lawyer said do not refrain from going outside. When the police show up introduce your daughter to them, let her get to know the police and that the police are on her side. when the police are called treat it like a social visit, offer them coffee on a cold day lemonade on a hot day, make it enjoyable.
 
I am entirely at a loss here but what your neighbors are doing basically saying "get off my lawn" type thing is simply being grouchy old farts. If they are constantly calling the police making false complaints the police are the ones that need to act on that. You can't do much but tolerate and teach your children tolerance and respect for their elders. Like ktaurus98 stated don't just sit inside like a bunch of hermits and maybe just make an attempt at a random act of kindness to the grouchy neighbors and invite them to dinner or have a picnic out in the common area and invite them to join you. Sometimes you just have to be the bigger person and offer the white flag first.
 
I appreciate all the comments and got a good chuckle!!

I purposely told my oldest son (14) and his friends (all 14) to go sit on the wall after talking to the lawyer. I told them if they move I will personally beat them all up!! LOL!!

We saw Frankenstein's bride come out, she left and came back and was on the horn calling who knows! Well 15 minutes later and no sheriff's office. I know that same day there was a homeowners board meeting to discuss the matter.

I have my covenants and 911 reports 'just in case' my 'friends come by' and they will get croissants with Cappuccino, because a way to law enforcement heart is through their belly!!

Thank to all who responded!! You've all been a great help!!

PS...Carl, I'm in SC! ; )
 
helponlaw said:
I have my covenants and 911 reports 'just in case' my 'friends come by' and they will get croissants with Cappuccino, because a way to law enforcement heart is through their belly!!

Thank to all who responded!! You've all been a great help!!

PS...Carl, I'm in SC! ; )
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Mocha and pastry is good ... oddly enough, my wife had opined the other day about the possibility of moving to SC ... I may be a little old to do that, but, ya never know - I could be down the street one day! :)

- Carl
 
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