Legal Question in Civil Litigation in Virginia

neighborhood harassment: i have a neighbor who is mentally disturbed - we suspect. he constantly harasses people, preys on the weak/nice/polite people by walking literally into their homes (they leave their doors open, but close their storm doors), gives dirty looks, verbally threatens, uses foul language, flips people off, stands on his very dark porch to watch people come in and go (he's darker skinned and cannot be seen), stands on the common area, and looks at a neighbor's house, smirks, stares, has 4 previous assault charges and is driving w/ a suspended license. The guy is 60, has no job, and has been tormenting everyone in the neighborhood for almost 2 years now. He "pretends" that he leaves, but he is actually inside of his house for months at a time (which we love!) He bangs on his next door neighbor's walls. The police have been called SO MANY times, but all we're hearing is "staring, looking, flipping off, standing on the common ground, cursing" are all legal, and that there's nothing they can do. Neither can the homeowners' association. seems like the law is on his side. but i say we must be able to do something. What can we do to prove he is disturbing the peace?

thank you...


Asked on 11/20/09, 10:46 pm

1 Answer from Attorneys

Cary Moseley Law Office of Cary Powell Moseley, PLLC

He is committing crimes and you should be able to have him arrested for assault, trespassing, threats/menacing, curse and abuse, stalking/ harassment and/or other crimes.

Whoever told you all this is "legal" is just wrong. You need to see the magistrate and/or a judge and demand warrants for his arrest. You might also sue him in civil court also, that will get his attention.

Or a sharp, well-worded letter from a lawyer might work too, with copies sent to the police and sheriff.

Or if you plan on doing nothing, you will just have to put up with it I suppose.

Good luck.

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Answered on 11/26/09, 8:54 am


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