Legal Question in Personal Injury in Florida

DESPERATE for a legal resolution

We have a renter who just moved in next door. He is going out of his way to harass and antagonize my disabled child. He makes it impossible for the child to sleep or rest. As a result my son is becoming quite ill. We have no place else for him to sleep except in one of our two bedrooms. both bedrooms are next to a driveway the former homeowner built illegally for this area.its been 4 weeks now with no sleep , no help, calling police, lawyers no one says they can help us. I fear a violent outcome since no legal resolutions are open to us. PLEASE HELP ME.


Asked on 7/29/07, 12:23 pm

5 Answers from Attorneys

Michael Stewart Michael D. Stewart

Re: DESPERATE for a legal resolution

Have a lawyer send him a cease adn desist letter.

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Answered on 7/29/07, 12:31 pm
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: DESPERATE for a legal resolution

There is no way to know if anything can be done without more nformation abo0ut what he is doing that you consider to be wrongful.

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Answered on 7/29/07, 2:56 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: DESPERATE for a legal resolution

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

If the driveway is truly illegal, then you should file a complaint with your local city/county code enforcement. The owner might be required to remove it or make alterations which might be beneficial to you.

If your neighbor is not breaking any laws, there is little anyone can do to help you. Oftentimes, neighbors can be annoying without violating the law and other neighbors simply have to learn how to cope with this intrusion into their daily lives.

Scott R. Jay, Esq.

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Answered on 7/29/07, 3:10 pm
Nicolas Babinsky SealMyRecord.Com

Re: DESPERATE for a legal resolution

You and your child have right to quiet enjoyment of your home. You weren't specific as to how he was harrassing your child, but assuming he is violating your right to quiet enjoyment of your home, you can file a NUISANCE suit against him.

Good luck.

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Answered on 7/29/07, 3:15 pm
Elizabeth Herd Morgenstern & Herd, P.A.

Re: DESPERATE for a legal resolution

You may need to talk to a criminal attorney. It is unclear whether you own or rent your own property. If you too are renting there may be recourse within the civil justice system, but it sounds to me like you are looking for a way to stop this individual. Whether you own or rent the property, if this individual is trespassing you may be able to obtain some type of restraining order.

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Answered on 7/30/07, 8:41 am


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