Legal Question in Civil Litigation in Florida

My neighbor's wife has been verbally harassing my wife over the last 5 months. No cursing or threats just name calling ,middle school type stuff. I tried talking to the neighbors husband about it but he refused to talk to me. After the first month we felt we had know choice but to involve law enforcement. Law enforcement told us about free speech and how you can say just about anything, as long as their are no threatening movements or gestures made. This is exactly what the woman has been doing,however every time the police showed up the neighbors refused to talk to them as well until today.While me and my wife were gone the woman called my daughter some names,now my daughter is 17 and almost an adult but still this my child. As we were approaching we passed the husband on our road that are houses are on. Out of my anger I jumped out of my truck yelled for him to stop and gave him a piece of mind as he drove away I told him I was going to F him up or any other words kick his ass. I never made an aggressive move at him other than quickly walking up to his truck which I never touched either. We called the police again and finally they were able to make contact with them,the neighbors husband wanted me arrested for threatening to kick his ass but the policeman wouldn't do it do to the circumstances. After everything was said and done the agreement for us to basically leave each other alone and for the harassment to stop. God I hope so. My question is can the neighbors husband sue me for threatening to kick his ass even if he has witnesses. Again I never touched him or his vehicle just yelled.My only witness would be my wife. Thank You


Asked on 9/19/15, 3:56 pm

1 Answer from Attorneys
Barry Stein De Cardenas, Freixas, Stein & Zachary

No he cannot likely sue you for your threats, but obviously you would be better served to ignore whatever is going on and let it die out on its own. if there are any gestures or stalking which put you or your family in reasonable fear of bodily harm you can seek a restraining order. This would be through the domestic violence court. the clerk can help you prepare those documents and serve them. it requires two actual instances, I believe, to support the claim.

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Answered on 9/20/15, 8:04 am


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