Legal Question in Criminal Law in Virginia

harrassing neighbor

My wife had a run in with another female neighbor several years ago where the lady pushed my wife down. It did not hurt my wife but it scared her. We filed a police report and decided at that time to not press charges thinking the problem would just go away. Then the harrassment started and so I told my wife to go ahead and press charges. The judge said that he believed an unwarranted push had occurred and that other events must have occurred or else we would not have pressed charges but then dropped the case.

The harrassment is happening again and is getting worse by the day. Today my wife went to the elementary school and was walking down the hall with young kids when the neighbor was also passing by and she called my wife a fat slutt in front of the kids. As far as face to face confrontations we just ignore her but she gets worse as time goes by. What should we do?

I am thinking about hiring a private detective to video tape the culdesac that I live in and wire my wife so my wife can just feel confortable confronting her. Then ask simple questions like what are trying to achieve? Why are you harrassing me? etc. Then if we can get enough to prove our case take her to court for harrassment.Can I sue for the expenses of this


Asked on 6/07/05, 8:36 am

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: harrassing neighbor

"Take her to court for harrassment(sic)", you say? I don't think so as I'm not aware of any statutes in the Commonwealth which criminalize conduct which might be described as harassment.

Threats to do bodily harm, stalking behaviour on the part of this unneighborly neighbor, these could well provide a basis for criminal prosecution but not simply conduct on the part of this neighbor which you characterize as harassment and which might conceivably include this neighbor calling your wife something akin to an overweight floosy, to put it somewhat more delicately.

Furthermore, the idea of your hiring a private dick to videotape a staged confrontation between this neighbor and your wife with the latter wearing a wire in the hope of recording incriminating evidence against the former, I'm afraid, approaches the ludicrous, and would only likely exacerbate an already bad situation between you and the neighbor. In short, I would forget this idea completely in favor of cultivating a mode of behaviour on your part with respect to your unruly neighbor which might be described as "benign neglect", (now that Watergate and the former Nixon administration are back in the news)while being alert at the same time to any real conduct such as stalking or criminal threats by this neighbor which might indeed be something that you would want to(and should) bring to the attention of the local prosecutor's office.

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Answered on 6/08/05, 2:01 pm


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