Legal Question in Civil Litigation in California
neighbor harrasment
our new neighbors kids the ages of 9 and 6 years of age and the parents are mistreating our dog, in the beginning it was something i thiught our dog was having a hard time getting used to but when outside i noticed them growling at our dog hitting the fence until she does what any normal dog would do she barks right back...the kids trow trash over the fence and our dogs chews on it when noticed what was happenining they wanted nothing to do instead arguing with us that they felt they had no privacy because of our childrens trampoline. since then when they think were gone they squirt our dog with their hose and continue to bark at her until she barks back. my 11 years old daughter asked them to stop being mean to our dog and the father told her to shut up, while there daughter yelled obsenitys at our dog and the parents did nothing...what are my rights to stop these actions from the neighbors? and what are their rights?
3 Answers from Attorneys
Re: neighbor harrasment
Your message doesn't say you have spoken to these kids' parents, or that you have even tried to do so. I recommend taking this approach before turning to the law.
Re: neighbor harrasment
It sounds as if it would be futile to "negotiate" with these neighbors from the sounds of it. If this is the case, then you may have grounds for trespass to land, trespass to chattel, and/or a restraining order against their conduct. If you would like further assistance in this matter, contact us directly.
Re: neighbor harrasment
Good morning!
1. Negotiation with your neighbors will undoubtedly be a waste of your time and good sense.
2. Call the local Governmental Dept of animal Regulation and report the neighbors as "animal abusers." NOTE that this will not make friends.
3. You may also resort to a local police department report of animal cruelty--again, work for you with potential of little results.
4. Under Calif law, you can seek a restraining order for harassment. CC 527.6 may NOT actually apply to your situation with animals.
5. You may seek a regular restraining order in the Courts. Items 4 and 5 will be time consuming and costly. To adequately prepare for such a case you need at a minimum 3rd party witnesses and hopefully video tape records of the animal abuse.
6. Remember--good fences make good neighbors. I assume that the side yard fence is open, wrought iron or chain link. Close the wall so that your dog cannot see the neighbors--usually works.
Sincerely,
Mark Geyer
Good luck.
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