Neighbor Issues

[maryburk]

Ok well not sure if I am posting this in the right place but here goes. We moved into our home in May 2006. Since we've been living here we have ONE neighbor who lives kitty corner behind us that is deseperately trying to get us kicked out. He has taken pictures of our back yard, verbally assaulted myself, and my children. I have called the police several times and nothing has been done. One weekend I had my two neices at my home they were in my back yard playing on the trampoline soaking each other with a water house. Now these two girls are 12 and 13. they came running in the house scared out of their minds because some guy was watching them from over the fence. Well I ran outside to see what was going on. It was the neighbor guy, yelling at the kids to be quiet (only he was not being so nice). I called the police, nothing was done. Two weeks later, pictures of my back yard were sent into the property management company and the HOA asking we be forced to move. What does my back yard have to do with him. My question is How can I make this man stop once and for all. Obviously the police refuse to do anything when I try to speak to the HOA they refuse to talk to me because I do not own my home. The property management has tried several times to speak to the HOA they refuse to return phone calls or letters. I am at my witts end and not sure what my legal resources are as far as this is concearned. I am a mother of 5 and on disability funds are very limited. What actions should I take to make him stop?

 

[seniorjudge]

Q: My question is How can I make this man stop once and for all.

A: I don't know. But I am subscribing to this thread. If there is an answer, there are a couple of people I need to use it on.

 

[maryburk]

well it has come down to me calling the police at least once a week on him for yelling at my children, threatening them. I have talked to attorneys and they all tell me what he is doing is illegal. Only problem is I don't have the money to hire one. I have thought about an injuction of harrasment, but how will that stop him honestly? Its only a peice of paper. One person had suggested filing a civil suit against him for harrasment and an invasion of my privacy. in his pictures he sent to my property management company you can clearing see inside all of my windows in the back of the house. I have gone and even purchased DARK curtains so he can not do this any more either. I just don't know what steps I should take to resolve this matter legally without bringing any retaliation back on me from him.

 

[CdwJava]

In what state is this taking place?

He has taken pictures of our back yard, verbally assaulted myself, and my children.

Pictures might be unlawful if he had to trespass to take them. Why would this be a problem? Pictures of my backyard would be rather boring.

Being subject to rude or crude comments is not "assault".

I have called the police several times and nothing has been done.

So far you have described no crime. The police deal with crimes, not reude behavior and bad neighbors.

It was the neighbor guy, yelling at the kids to be quiet (only he was not being so nice). I called the police, nothing was done.

Why are they so sensitive over someone looking through or over the fence?

The police did nothing because there was no crime. Aside from asking the neighbor to please keep his yap shut, they can't compel anything. In fact, the neighbor might have been able to make a complaint for disturbing the peace if your state or jurisdiction has code sections covering this.

Two weeks later, pictures of my back yard were sent into the property management company and the HOA asking we be forced to move. What does my back yard have to do with him.

How messy is your yard? if it a trash heap, it could be an eyesore ... it could smell ... it could be luring rats ... who knows?

Why do YOU think these photos are troublesome?

Obviously the police refuse to do anything when I try to speak to the HOA they refuse to talk to me because I do not own my home.

So far there is no crime. This is not an issue for the police. They did not "refuse" to act, they are likely unable to take action.

What actions should I take to make him stop?

Other than a polite sit-down, there may be nothing more that you CAN do. There is not enough for a restraining order, and no crime has apparently been committed. Your options may be limited to moving.

- Carl

 

[CdwJava]

well it has come down to me calling the police at least once a week on him for yelling at my children, threatening them. I have talked to attorneys and they all tell me what he is doing is illegal.

Have they told you what illegal action he committed? I cannot imagine that making rude or crude comments are going to be criminal. Unless he is trespassing, threatening physical harm, or making sexually explicit comments to them, I just don't see a crime in being an obnoxious boob.

I have thought about an injuction of harrasment, but how will that stop him honestly? Its only a peice of paper.

Well, IF you can get one (questionable) that "piece of paper" would likely make any further yelling or commentary a crime.

in his pictures he sent to my property management company you can clearing see inside all of my windows in the back of the house.

Not a crime if he took the photos from a place where he had a legal right to be. If he can see it by standing on his property or another place he has a lawful right to be, then it ain't an issue. If you dress in your living room, and you keep the windows open, you can't charge the neighbor who is standing on the sidewalk leering at you. The same theory holds true for other windows as well. Close the curtains and he can't look inside.


- Carl

 

[maryburk]

Ok I can understand your point. My thing is well All that is in my yard, is a swing set, a couple of kids bicycles and a trampoline, and a basket ball hoop for my children to play with. He is well ok how can i put this politely. Not just telling my children to be quiet, he is very rudely "yelling shut your F*cken Mouth you little Brats". To me that is Uncalled for. When I have tried SEVERAL times to talk to him, he yells at me, curses at me, threatens to call the police on me. Now this is taking place on the weeekends, during the middle of the afternoon. My point is This is MY yard, I pay for, and I feel MY CHILDREN have A right to play in THEIR BACKYARD without being verbally harassed by someone because they want to play. They are 2 and 3 and 5 years old when he has done this. Would anyone appreciate their children being spoken to in this manor? I think not. He was also watching my neices as they were wetting each other on a trampoline unti they spotted him. Why would a full grown man feel compelled to watch Teenage girls play in water except for some demented reason? He has shot my dog with a pellet gun. My dog only goes outside to go potty, she just had a litter of pups so she is inside most of the time. My yard is kept clean and honestly he cant even see it from his yard. that is why I am wondering why does he feel so compelled to take pictures. I had to move my Shed to the corner of the yard so he could not see over anymore. I just feel as if he is invading my space and personal privacy that I have a right too. I do not bother him, I do not look over his fence, or take pictures of his yard, i do not ask him and his friends to be quiet when they are bbqing and so fourth. I want him to leave me alone and I dont know how to do this. It has gotten to the point where I have had to put up Dark curtains so he cant see in my windows, and do not allow anyone in my yard after 6pm, cause I do not want anyone to make any type of noise or bother him in any way. I feel he has violated my rights to privacy and speaking to children in a mannor that I would not even do to my own is uncalled for.

 

[maryburk]

Also this is taking place IN Arizona.

 

[CdwJava]

To me that is Uncalled for.

It might be uncalled for, but it does not sound unlawful.

My point is This is MY yard, I pay for, and I feel MY CHILDREN have A right to play in THEIR BACKYARD without being verbally harassed by someone because they want to play.

I don't know if a restraining order is possible, but you might look into it.

He has shot my dog with a pellet gun.

If you had prrof of that it would likely be a crime.

I just feel as if he is invading my space and personal privacy that I have a right too.

Still not a crime. How you "feel" is not the issue ... legally, that is.

I feel he has violated my rights to privacy and speaking to children in a mannor that I would not even do to my own is uncalled for.

I agree that it sounds as if he is being a jerk. But there may be nothing that you can do to FORCE him to change.

- Carl

 

[maryburk]

Well what I don't understand is If you commit murder based on the ground that it was self defense correct, which is when you defend yourself or someone else that is unable to defend themselves. That is how you precerved it to be at that moment Correct? Don't we all have rights to privacy? Shouldn't one feel safe and comfortable in their own home. I understand there is a fine line between harrasment and just being a butthead. BUT however when One person feels there civil rights have been violated I know there has to be some type of legal recourse. Weather it is just a letter from an attorney, an injunction of harrasment something. It is just a matter of finding that loop hole and pursuing it. As far as my dog goes, Ok I have five neighbors total. Neither one on each side own a pellet gun, My neighbor behind me lets his dog play with mine, We have play dates you could say, The other lady is so old she has be pushed around by a wheel chair. that would leave ONE suspect. I have found different types of pellets in my yard on numerous occasions. I don't own one, so that would leave me out of it. He has threatened to shoot my dog in the past. I have a very exspensive dog and at the time this was happening she was pregnant. She gave birth to a litter of 9 of which only 7 lived. I have found welts on her hind end, and the vet said it was a pellet wound. Didn't penetrate the skin but still was enough to hurt her. I called the police they sent out the Animal Control unit which in fact did go to his house and speak to him. To what Extent I am not sure, However he has not done it since. That was a two weeks ago. I was told by the police to set up a survellance camera in my back yard and if he can be caught on tape, taking pictures, throwing things into my yard, shooting my dog, I could then pursue the matter. Should I have to go to that extreme??

 

[CdwJava]

Well what I don't understand is If you commit murder based on the ground that it was self defense correct, which is when you defend yourself or someone else that is unable to defend themselves. That is how you precerved it to be at that moment Correct?

Defending yourself against an unlawful attack would not give you the right to kill them because they MIGHT attack you. It requires an unlawful act to defend against.

In this case, there appears to be no unlawful act.

Don't we all have rights to privacy?

Yes. The government cannot interfere with your privacy without cause.

Shouldn't one feel safe and comfortable in their own home.

Sure. However, what makes you feel uncomfortable may not be unlawful. If you were feeling unsafe because of a minority family next door, does that make it a crime?

BUT however when One person feels there civil rights have been violated I know there has to be some type of legal recourse.

The law does not concern itself whether you FEEL your civil rights have been violated. It is concerned if your civil rights HAVE been broken. However, in most instances, private persons cannot violate your rights - only the government can.

Weather it is just a letter from an attorney, an injunction of harrasment something. It is just a matter of finding that loop hole and pursuing it.

Perhaps a letter from an attorney would do the trick.

As far as my dog goes, Ok I have five neighbors total. Neither one on each side own a pellet gun, My neighbor behind me lets his dog play with mine, We have play dates you could say, The other lady is so old she has be pushed around by a wheel chair. that would leave ONE suspect.

In other words, you have no proof.

I called the police they sent out the Animal Control unit which in fact did go to his house and speak to him. To what Extent I am not sure, However he has not done it since.

Good. That apparently did the trick.

I was told by the police to set up a survellance camera in my back yard and if he can be caught on tape, taking pictures, throwing things into my yard, shooting my dog, I could then pursue the matter. Should I have to go to that extreme??

If you want the POLICE to do anything about it, then, yes. They cannot pursue a civil matter for you - they can investigate and pursue crimes. Throwing things in your yard or shooting at your dog can be crimes ... cursing at you and taking photos of your yard from where he has a lawful right to be are not crimes. But, a series of video showing his constant berating behavior might compel a judge to issue a restraining order against him.


- Carl

 

[maryburk]

Hmm ok good points. I guess I just feel violated, and very upset and angry, that someone would go to this extent. I am a very private person and I keep to myself. I do not bother my neighbors actually I have befreinded all of them except him. Why he has it in for me so to speak I have no clue. He has gone as far as to write emails to my property management company requesting they evict me and my family and find a more suitable family to reside in his neighborhood. I guess maybe he means a family with no children, who knows what his problem is. All I know is I am tired of it, and want to react to him so bad, BUT however I feel I should not stoop to his level and react when he does something bad or says something bad. That wouldn't make me any better then he is. I am now seriously thinking come April 1, 2007 when My lease is up to have the prop. management company find me another home to live in and be done with this man once and for all. Although I was always taught to stand up for what I beleive in, and stand up for those who can't defend themselves. This is just a very horrible situation, which I am sure is going to get worse over time, and I know once Thanksgiving comes and My family is here for the holidays he will have lots to complain about since I have a large family and so does my husband.

 

[CdwJava]

There are some people that just don't like children. I have come across them myself. Nothing you can do will change that fact. Someone like him wants a quiet, sedentary, neighbor. It's not surrendering to give up the fight, it's bettering your situation. Just as you would not want to subject your family to drug addicts living next door, you don't need to subject them to this.

- carl

 

[maryburk]

Yes I realize that. I have already spoken to the prop management and they are trying to find a place that we can move within the same school district so my children wont have to change schools. I just think someone like him should maybe reside in Sun City West, its a 55+ community where there are NO children aloud. And I did suggest that to him, The thing is he doesn't own his home either, His mother does, and resides with her. According to the HOA ONLY home owners can make complaints. My thing with the HOA is if he doesn't own the home either why can he make complaints and not us? Its not fair. But, its OK cause the home owners of our house, have agree'd that if he conitnues to be this extreme they will file a complaint with the HOA against him. On what grounds I am not sure. I just think it is completely ridiculous for someone to be this malicious, and childish. He is a full grown man and maybe should act like one.