Legal Question in Civil Litigation in California
Unruly Neighbors
We have lived in our house for three years. And everyday since we moved in we have been harrassed by our neighbors. They scream obsentities over the fence, throw tomatoes at our house, follow us in their car, sprayed my infant with a garden hose, chased me with a electric hedge trimmer, throw large items at our house at all hours at night, play their music so loud that it breaks items inside my house, etc. We have called the police and they seem to do nothing and the harrassment seems to get worse. What can we do to live peacefully in our neighborhood? P.S. They harrass others in the neighborhood too. So much so that two familes have moved away.
5 Answers from Attorneys
Re: Unruly Neighbors
Seems to me that a restraining order might be in order if they threaten you and you fear for your and your family's safety. The package is available at the court clerk's office for a very nominal price (or even free, I forget). -Robert F. Cohen, Esq.
Re: Unruly Neighbors
1. You may also choose to move away like the others.
2. Get a restraining order and enforce it when they violate it. Make sure you document every breach adequately by video, audio, photo and any other type of evidence.
3. Sue them in court for variety of causes of action, such as nuisance, assault and battery (if they are throwing staff at you), intentional infliction of emotional distress, tresspass, etc.
4. Lodge a complaint with your local police department for making terrorist threats (if they are threatening to harm you and your family.)
Re: Unruly Neighbors
you have several tortious actions available to you, regardless of whether or not the police force has taken action. you stand to recover on several legal theories for this unfortunate situation with your neighbors. if you email me directly more details and how you may like to proceed, i will be able to offer you further legal assistance and/or representation in this matter.
Re: Unruly Neighbors
The advice given by the others is the best.
Re: Unruly Neighbors
The obvious first thing to do is obtain a restraining order.
The next question is, do they own the house they are living in or renting? If they own it, they have some assets worth attaching if you win. If they are renting, you may want to get together with the other neighbors who are being harrassed, and each of you file small claims actions against the landlord for allowing the nuisance to continue. (Make sure you notify him of the problem first).
In any case, you have the basis for a law suit.
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