Legal Question in Real Estate Law in Idaho
disturbing the peace
I live in a condominium complex and for the past 2 years have been having problems with my next-door neighbor. She keeps calling the police and telling them I am disturbing the peace, they have been out numerous times and talked to me and never issued a ticket. She then filed a criminal complaint against me and I got a disturbing the peace ticket. I went to court and got a bond forfeiture on that ticket. Finally my roommate moved out and there were no more problems. I just recently got a new roommate and the problem has started again. The walls must be extremely thin, but I can assure you we are not disturbing the peace. She complains even when 2 people are talking in the room at a normal tone. Is there any legal action I can take to stop this harassment, and to avoid disturbing the peace tickets?
1 Answer from Attorneys
Re: disturbing the peace
You can sue her for malicious prosecution to stop her from calling the police on you. You might want to file a criminal complaint against her for the filing of a false police report under Idaho Code section 18-705 which makes it illegal to file a false police report. Generally however, with either one of these you have to go to trial and be found not guilty, you cannot just go in and pay the fine or whatever to do this. I give a half hour free consultation in my office if you want to call me for an appointment at 345-3817