Neighbor videotaping our daily lives

[rgmac]

My wife and I live in a multiple-family dwelling (a two-story four-plex). All units have a single storage unit in a common hallway (upstairs). I rent an additional storage unit in the basement next to another living unit and the common laundry area.
The tenant in the lower unit next to my storage closet has a boyfriend who objects to my use of that storage unit. I use it strictly for storage and keep nothing objectionable or dangerous in it. He has confronted me several times about my use of the storage unit and become verbally abusive, trying to force a physical confrontation. When his confrontational tactics didn't work, he began videotaping me and my wife whenever we approach the storage unit. Now, he no longer restricts his videotaping to our presence in the storage area. He tapes us going about our daily affairs in the building. He is becoming more aggresive with the camera now and conducting himself like some sort of papprazi, physically filming us from less than two feet away, following us through the building, pushing the camera intrusively toward our faces as though trying to make us physically push him out of the way or strike him. He is very careful about not touching either of us or impeding our progress through doorways, etc. And he doesn't follow us off the property. Recently, I caught him attempting to film my wife inside our condo because she had left the front door open to put down groceries. As the legal tenant of the unit where he resides (his girlfriend), refuses to deal with his wacky behavior, my intent is to ask for a restraining order against this nut because his escalating behavior is going to eventually get an escalated response. My wife has a much shorter fuse than I do and the potential for a physical confrontation between them is extremely high when I'm not around, especially when she is starting to feel more and more threatened by his invasive filming of our daily lives.
I have two questions. Can I file a restraining order for this type of behavior? And- Is this papprazi-style pursuit and filming of private citizens, going about their daily lives, legal?

 

[CdwJava]

Have you spoken to the landlord about this?

Depending on the laws in your state, there may be no crime here and there may be no possibility of a restraining order.

I would think he would get bored taping you walking to and from the unit and elsewhere ... and I find it hard to believe he just lies in wait. That would seem to indicate that the acts are infrequent even if they are annoying as heck.

Try the landlord first and then, maybe, consult an attorney to see if it is possible to get an order under these circumstances in your state.

- Carl

 

[Scooterdog]

My wife and I live in a multiple-family dwelling (a two-story four-plex). All units have a single storage unit in a common hallway (upstairs). I rent an additional storage unit in the basement next to another living unit and the common laundry area.
The tenant in the lower unit next to my storage closet has a boyfriend who objects to my use of that storage unit. I use it strictly for storage and keep nothing objectionable or dangerous in it. He has confronted me several times about my use of the storage unit and become verbally abusive, trying to force a physical confrontation. When his confrontational tactics didn't work, he began videotaping me and my wife whenever we approach the storage unit. Now, he no longer restricts his videotaping to our presence in the storage area. He tapes us going about our daily affairs in the building. He is becoming more aggresive with the camera now and conducting himself like some sort of papprazi, physically filming us from less than two feet away, following us through the building, pushing the camera intrusively toward our faces as though trying to make us physically push him out of the way or strike him. He is very careful about not touching either of us or impeding our progress through doorways, etc. And he doesn't follow us off the property. Recently, I caught him attempting to film my wife inside our condo because she had left the front door open to put down groceries. As the legal tenant of the unit where he resides (his girlfriend), refuses to deal with his wacky behavior, my intent is to ask for a restraining order against this nut because his escalating behavior is going to eventually get an escalated response. My wife has a much shorter fuse than I do and the potential for a physical confrontation between them is extremely high when I'm not around, especially when she is starting to feel more and more threatened by his invasive filming of our daily lives.
I have two questions. Can I file a restraining order for this type of behavior? And- Is this papprazi-style pursuit and filming of private citizens, going about their daily lives, legal?

Good lord! I guess nobody has heard of Stalking in this forum. Call the local pd and sign a criminal complaint for stalking.

Some states this would be a violation of your right to privacy. But, you don't mention the state.

I would worry as to why he is so damn concerned with this storage unit! You better hope that drugs don't "show up" in this "storage" unit. Or something worse

All he needs to do is bunp you with that camera and you have a case for assault. It may be assault comming within two feet of your face with that damn thing.

 

[CdwJava]

Depending on state law, this may not be considered stalking. It would not likely meet the definition of stalking in California and many other states. But, I suppose there is a state where this might be considered stalking.

Most states require that there be a fear for your physical safety to equate to stalking. Being boorish, rude, and following someone might be harassing, but it is not generally going to be defined as stalking.

- Carl

 

[rgmac]

Thank you both for your consideration and advice. My wife and I discussed the information and options you provided. We're going to the courthouse and ask for a restraining order. They can only say yeah or nay.
Thanks again.

 

[Scooterdog]

Thank you both for your consideration and advice. My wife and I discussed the information and options you provided. We're going to the courthouse and ask for a restraining order. They can only say yeah or nay.
Thanks again.

If they say "nay" , let me know. We can file in Federal court. YOU HAVE RIGHTS DAMNIT!

 

[Scooterdog]

Depending on state law, this may not be considered stalking. It would not likely meet the definition of stalking in California and many other states. But, I suppose there is a state where this might be considered stalking.

Most states require that there be a fear for your physical safety to equate to stalking. Being boorish, rude, and following someone might be harassing, but it is not generally going to be defined as stalking.

- Carl

It's a blatant killing of the right to privacy. There are civil actions one can bring. Just because this isn't a "grab ass" "crime", makes it none the less a crime of invasion of personal space, assault, and hell, I'd even throw in emotional distress. WTF?? People can assault you with a camera? No can do here.

 

[CdwJava]

But a civil tort (if even available in this instance) is NOT the same as a crime. There is no crime of "invasion of personal space", and it is certainly not a violation of a "right to privacy".

A restraining order would hopefully be available, and, hopefully will do the trick. If not, maybe the landlord can do something ... perhaps the boyfriend is not on the lease!

- Carl

 

[Scooterdog]

But a civil tort (if even available in this instance) is NOT the same as a crime. There is no crime of "invasion of personal space", and it is certainly not a violation of a "right to privacy".

A restraining order would hopefully be available, and, hopefully will do the trick. If not, maybe the landlord can do something ... perhaps the boyfriend is not on the lease!

- Carl

Good lord. I guess you never hear of the "make my day" law. We ain't the land of fruits and nuts, it's called the real world.

If you invaded my space like that, I would unload. You won't testify. Like I said, this aint' canifonia.

 

[Scooterdog]

But a civil tort (if even available in this instance) is NOT the same as a crime. There is no crime of "invasion of personal space", and it is certainly not a violation of a "right to privacy".

A restraining order would hopefully be available, and, hopefully will do the trick. If not, maybe the landlord can do something ... perhaps the boyfriend is not on the lease!

- Carl

What? A tort is a civil wrong, aka crime against the individual. In montana, a tort conviction stands as a state conviction, per state liscences.

 

[CdwJava]

Okaaay ... I doubt ANY state will give you a pass to kill someone who is being an idiot but not otherwise an articulable threat.

Thank God we don't live in a world where you can just SHOOT someone who is a twit.

- Carl

 

[CdwJava]

What? A tort is a civil wrong, aka crime against the individual. In montana, a tort conviction stands as a state conviction, per state liscences.

It will not be on a criminal history, and I doubt it counts as a criminal conviction. The STATE prosecutes crimes, whereas individuals pursue civil actions.

Whether being found liable in a civil court negatively effects a person for certain state licenses, I can't say as I don't know MT law in that regard. There are certain civil actions that can cause the revocation of CA state licenses as well, so I can only presume that MT is similar.

- Carl

 

[Scooterdog]

]It will not be on a criminal history[/COLOR], and I doubt it counts as a criminal conviction. The STATE prosecutes crimes, whereas individuals pursue civil actions.

Whether being found liable in a civil court negatively effects a person for certain state licenses, I can't say as I don't know MT law in that regard. There are certain civil actions that can cause the revocation of CA state licenses as well, so I can only presume that MT is similar.

- Carl

Ya must be high. What are you talking about. No, it will be in civil "wongs", and upon an investigation for such as LL or GL, it does matter.

I was born and raised around the "bars" (family owned one)and can tell you, you are wrong, dead wrong. You can try to provide proof, but I can show you actual papers of denial based on civil(aka assault) charge. What a cop.

 

[Scooterdog]

Whether being found liable in a civil court negatively effects a person for certain state licenses, I can't say as I don't know MT law in that regard. There are certain civil actions that can cause the revocation of CA state licenses as well, so I can only presume that MT is similar.

- Carl

No, you don't know the law. You are making claims, unfounded, not backed by law or supreme court rulings. I would love to get you into a court of law, god would I! :no:

PS. Thats why we have no PD where I live, only "sheriff's" dept., as they didn't know either.

 

[CdwJava]

Please note that I never said that one cannot be denied a license for certain civil "wrongs". But, that does NOT mean that it is also a "crime"! They are different issues and may have overlapping effects for some purposes, but a civil wrong is not a criminal conviction.

Oh, and a side note, I ran a bar and a restaurant for several years before I was a cop ... I know about bars - not that it means anything in this discussion.

- Carl

 

[CdwJava]

No, you don't know the law. You are making claims, unfounded, not backed by law or supreme court rulings. I would love to get you into a court of law, god would I.

Okay ... fine.

If you say so.

- Carl