Legal Question in Family Law in Washington
Noisy Neighbor
I was on the phone with my mom and my kids were crying. They had been fussy most of the day. Mostly due to one having a cold and the other was just in an off mood. They are toddlers, and toddlers cry. Well my neighbor rang my doorbell and was accusing me of not taking care of my kids. She told me to get up and start taking care of them and said she had been listening to them crying for an hour. I assured her they had not been crying an hour, but she was in a argumental mood. They had been crying off and on durring the day because it was just one of those days, so I am sure she had heard them since we live in a duplex where you can hear your neighbor snore. Well, The police were called and came to my door and asked me if things were okay. I said yes, and explained the situation to them. They were like ok. I told them they could come in if they wanted to, but they said no. They just were checking on things. Do I need to be concerned about her having power to take my kids away? These days you can't do anything without someone thinking something, and honestly it was just one of those days. I love my kids and would never do anything to hurt them in anyway. Please Help.
2 Answers from Attorneys
Re: Noisy Neighbor
Child neglect and abuse are very hot topics these days with the police and CPS workers. If you have such an intrusive and overbearing neighbor, you will have to try and keep your kids quiet or you will have to move. If there are enough complaints, CPS could become involved and then you will be in a little bit of "fresh hell" that is beyond your imagination.
Re: Noisy Neighbor
The prior response recognized that the easiest way to avoid dealing with CPS is to remove yourself from situations that might bring their scrutiny. (See the letter at my website to the Maine newspaper for what the CPS is like. Their primary goal is power, painted as "the best interest" of your children.)
However, assuming (a) you know for certain this neighbor was the one who called the police, and (b) that your neighbor will only cause you trouble and your relationship with her is beyond repair, I would consider another route first. RCW 26.44.060 at http://www.leg.wa.gov/RCW/index.cfm?fuseaction=section§ion=26.44.060 says in subsection (4): "A person who, intentionally and in bad faith or maliciously, knowingly makes a false report of alleged abuse or neglect shall be guilty of a misdemeanor punishable" for up to 90 days in jail. RCW 26.44.020(17) states "'Malice' or 'maliciously' means an evil intent, wish, or design to vex, annoy, or injure another person. Such malice may be inferred from an act done in willful disregard of the rights of another, or an act wrongfully done without just cause or excuse, or an act or omission of duty betraying a willful disregard of social duty."
I suggest a strongly worded letter to your nosey neighbor that if she makes any further false reports, you will press criminal charges against her, file harassment charges, and sue her. A letter from an attorney may be worth the cost.
Finally, I hope you understand your constitutional rights. Neither the police or a social worker has the right to enter your home without a warrant, or in the case of the police, an order allowing them to break and enter. While it was probably OK this time, still know your rights.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
