Legal Question in Criminal Law in California

Neighborhood Bully or Pest

Maintained for a short period of time a cordial relationship with a neighbor. Tried to end that relationship in December 2005. Neighbor now stands in front of my house and yells profanities at me while encouraging his unleashed dog to urinate on my property. Neighbor salutes, howls, yells or makes gestures to me as I drive down the street. May or may not be tampering with lawn sprinklers, etc. when walking by the home. Makes it known each and every time I'm outside. Appears to be a serious alcoholic and behavior and approach worsens as he drinks more. Somewhat fearful of my safety but feel much more harassed than anything. What are my rights and what can and should I do? Situation seems to be escalating in the past two weeks and I continue to ignore him.

Many other neighbors in the neighborhood have shared with me their feelings and all avoid him. I appear to be the current target. Ideas or suggestions?


Asked on 5/22/06, 6:09 pm

4 Answers from Attorneys

Jason Shyres Law Offices of Jason Shyres

Re: Neighborhood Bully or Pest

The next time he is doing what he does, call your local police department. Have them issue a report and file a complaint.

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Answered on 5/22/06, 6:18 pm
Terry A. Nelson Nelson & Lawless

Re: Neighborhood Bully or Pest

No easy answers; life is not fair.

Talk to him, with witnesses present for your safety and proof of discussions; at risk of unpleasantness or worse.

Call the police and file charges when it happens, or have them 'educate' him about what happens to him if you have to complain again; at the risk of retaliation.

File civil suit, which will force him to spend money and risk judgment, and may thus change the behavior; at risk of retaliation.

Take vigilante action; at risk of retaliation and risk of injury or arrest yourself.

Move; usually unacceptable on principle and on practical grounds.

Neighbors join forces and 'convince' him to change [see vigilante above].

Neighbors join forces and buy him out; not usually practical.

There may be others, none are easy or guaranteed.

These situations can sometimes escalate into violence by one or more parties.

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Answered on 5/22/06, 6:38 pm
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: Neighborhood Bully or Pest

If you feel like you were in imminent fear of bodily harm, I would go to your local courthouse and file for immediate temporary restraining order. The key to getting the restraining order is to demonstrate to the court that you are indeed in imminent fear of bodily harm. I agree with what the other attorneys posted, however I would strongly avoid a face-to-face confrontation. You never know what a drunk will do. Face-to-face confrontations even in the presence of witnesses can and do escalate into violence. If you're concerned about tampering on your property, or obtaining video evidence of what the neighbors is doing, I strongly suggest that you go to the following web site: www.Galaxystorm.com/tech On this web site you will be able to buy low-cost surveillance cameras and recording devices that can be installed outside of your home. I use the same products. I highly recommend getting the Robo cam camera, which will automatically scan the area around your home. Furthermore, these cameras are wireless so there is no need to run video cabling. A picture is worth a thousand words. Good luck with your nightmare.

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Answered on 5/22/06, 8:36 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Neighborhood Bully or Pest

Get together with your neighbors and all sue him in small claims court at the same time for $7500 each. This technique works equally well on obnoxious fall-down drunks, filthy pack rats, 95-cat ladies, etc. You will sue him out of house and home and boom, he's gone.

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Answered on 5/22/06, 11:37 pm


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