Legal Question in Criminal Law in California

Right to use of property
My neighbor calls the cops everytime we step into our backyard. He is trying to intimidate us from using the yard. The calls are frivolous & no noise exists other than talking but he embelishes the reports to the police. He is trying to harass us and make the police think we are a nuisance. Please help. What can I do?

Asked on 2/14/08, 10:36 am

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

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Re: Right to use of property

Nothing easy. You could try to obtain a restraining order, if you can overcome the implication that you ARE a nuisance. His calls have to be shown to be unfounded. If the police will give you something saying that, you've got a leg up on proof needed. The court might issue the RO, just to keep the peace if they believe your story. If it is worth the cost to you, feel free to contact me to discuss the facts.

Answered on 2/14/08, 2:05 pm

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Allen Farshi Law Offices of Allen Farshi

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Re: Right to use of property

Gather proof that he is filing a false report. Filing a false report can be charged as a felony. I suggest you take a tape recorder with you next time you enter the yard, along with witnesses.

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Answered on 3/02/08, 3:51 pm

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