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AlexiaEsq.
AlexiaEsq., Managing Attorney
Category: Criminal Law
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Experience:  19+ Years of Legal Practice in Criminal Law.
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Neighbour has threatened me with physical violence on more

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Neighbour has threatened me with physical violence on more than one occassion. He has pit bull that has growled at my 7 year old daughter twice. I have called animal control on multiple occasions and so far they have told me to do various things including filming with cameras mounted on my house, and using video cameras when dog out and off leash (county leash laws exist). They always seem to tell me I have to do something extra.<br /><br />Called 911 when last threatened. Deputy put in report that I was filming dog even though I asked him twice if filming with video system is legal - he responded twice that it is legal. I was stunned that my complaints of threats of violence were left off the report altogether as being unfounded. The facts apparent to the deputies were that I was filming the dog (this time it was on it's leash, I didn't expect to be).<br /><br />Also when talking to deputy inside my house he undid the flap on his gun at one stage. I was a bit upset but given that I had been threatened repeatedly by neighbor with aggressive dog and nothing had been done I am wondering about this situation.<br /><br />Can I file for a restraining order on the neighbor? I am also in a small town - I am not from here - and the neighbor is. I feel that my only recourse is through civil law as I seem to not be getting anywhere with local animal control or local county law enforcement.<br /><br />I fear for the safety of my small children as the pit bull growls at my daughter and a few other neighbours have had similar experience - makes my 7 year old daughter scream. Nothing is done. Animal control and Sheriff's deputies are introduced to the pit bull and it seems nice to them. And then the neighbour continues to let it out on a leash and it has exhibited agressive behavior on 5 occassions with different families.<br /><br />And now I have the dog owner issuing theats of violence - I have it all written down.<br /><br />Is there anything I can do please? I am inclined to think that applying for a restraining order might not be approved. If a restraining order is approved and the neighbour threatened to drag me out into the street and beat me up I could call 911 and the deputies should technically arrest him.<br /><br />I draw a blank on this one. It seems that myself and my family are the victims in this case but we are perceived as the victimizers.<br /><br />The other people who have experienced aggressive behavior by the pit bull are too afraid to come forward. That would help.<br /><br />Is there any way I can deal with this issue please?
Submitted: 3 years ago.
Category: Criminal Law
Expert:  AlexiaEsq. replied 3 years ago.
What did the neighbor say to threaten you?
Customer: replied 3 years ago.
Maybe it's a Southern thing - they make a lot of threats - I've tried talking and reasoning with him - my guess is his wife winds him up - and she's quite the flirt as well - nobody's really interested - wears a thing when he's not around, dissapears during the day for hours when he's not around, she comes back rubbing her lip, also leaves her under 15 years old (5 kids) at home when she's not there (we suspect) ... the kind of people they are. Five instances of threats:

1. About 3 weeks ago: across the street from me he tells me twice, "You're gonna get it Gavin". I have not "got anything" as of yet but still ...

2. Fri 7/16, about 7pm - I'm in the garden with a weedeater and a post digger - the post digger might have been perceived as threatening but it was getting dark and I keep finding snakes and they do have an aggressive pit bull and also the post digger was to marrk the line of where I had cut the grass so I din't miss bits or redo. The 13 year old son sais something to his mother on the other side of the road - I don't hear the boy's comment, but the mother's reply to her son is "If he does that my husband will just shoot him".

3. Sat 7/17, early evening just before dark. Getting out of my car with my little kids, his 8 year old son shouts out "We're gonna kill ya Gavin". :) The kids tend to follow on from their father - he's not really a good influence.

4. He told another neighbour about 2 months ago, "If that nerd does that again ... I'm going to drag him out into the cul de sac and beat him up". The other neighbour is a drama queen but given number 4 below she can be taken seriously.

5. He stops at the bottom of my driveway and gets out of his vehicle "If you talk to my wife again I gonna drag you out into the street ..." Don't think he said anything else because I asked him to repeat it so I could get it on my cell phone. It adds up with 3 above.

I think he's probably insecure with the wayhis wife behaves - not my type at all - I like a bit of intelligent conversation. There is also envy there - he behaves a bit like a school-yard bully.

I currently have one active camera and will shortly set up a time lapse recording system with two concealed cameras at the front and back of the house. The currently one active camera is visible more as a deterent than anything else. But it just occured to me that my 7 year old goes back to school shortly, and goes on the bus. If I happen to walk my daughter down to the bus and there's an altercation, likely his wife will let the pit bulls out, and so on and so forth. So like every Goergia person I guess I'm supposed to be armed - I'd rather buy cameras myself and I have a shotgun anyway. And I come from South Africa - where I come from we don't indulge in guns for fun and shooting deer in a suit of camoflage - we buy them for self defense in case of attacks from animals or people. They seem to make lots of threats around here but they don't seem to carry them out - but this wonderful gentleman is from the back streets of Chicago and has been living here for 18 years, and is married to a local - so I am wondering. He threatens me in the street like a schoolboy - I think he might be an idiot but idiots have a habit of doing idiotic things.

It occured to me that I could try to file a restraining order on him so that if he gets within say 10ft then the Sherrif would be obliged to arrest him. But with the response I got from the local law the last time I called them out, they told me my claims were unfounded, the desk lady on the phone appeared to be laughing at me. I guess I could have a fisticus with the man in the street but I'm civilized and I grew up on a country at war - it's not a fun thing. I would rather deal with this person legally.

Any ideas please? Thx
Expert:  AlexiaEsq. replied 3 years ago.

 

 

1. About 3 weeks ago: across the street from me he tells me twice, "You're gonna get it Gavin". I have not "got anything" as of yet but still ... This likely doesn't amount to the type of threat that would indicate criminal threatening, unfortunately. May I ask what caused him to even say this, though?

2. Fri 7/16, about 7pm - I'm in the garden with a weedeater and a post digger - the post digger might have been perceived as threatening but it was getting dark and I keep finding snakes and they do have an aggressive pit bull and also the post digger was to marrk the line of where I had cut the grass so I din't miss bits or redo. The 13 year old son sais something to his mother on the other side of the road - I don't hear the boy's comment, but the mother's reply to her son is "If he does that my husband will just shoot him". Rude, but again, since she is speaking to her son and not actually threatening you...(sorry :(

3. Sat 7/17, early evening just before dark. Getting out of my car with my little kids, his 8 year old son shouts out "We're gonna kill ya Gavin". :) The kids tend to follow on from their father - he's not really a good influence. Clearly! Again, however, the threat usually has to be imminent and credible - coming from an 8 year old...I doubt it will amount to that.

4. He told another neighbour about 2 months ago, "If that nerd does that again ... I'm going to drag him out into the cul de sac and beat him up". The other neighbour is a drama queen but given number 4 below she can be taken seriously.Yes, but again, not threatening you, just babbling to her...

5. He stops at the bottom of my driveway and gets out of his vehicle "If you talk to my wife again I gonna drag you out into the street ..." Don't think he said anything else because I asked him to repeat it so I could get it on my cell phone. It adds up with 3 above.Has he yet to every follow through on these seamingly idle threats?

I think he's probably insecure with the wayhis wife behaves Let's assume she's cheating, and yes, his 'manhood' is probably feeling about 'this' big :)- not my type at all - I like a bit of intelligent conversation. There is also envy there - he behaves a bit like a school-yard bully. Very much so!

I currently have one active camera and will shortly set up a time lapse recording system with two concealed cameras at the front and back of the house. Excellent, and it IS totally legal. The currently one active camera is visible more as a deterent than anything else. But it just occured to me that my 7 year old goes back to school shortly, and goes on the bus. If I happen to walk my daughter down to the bus and there's an altercation, likely his wife will let the pit bulls out, and so on and so forth. Consider driving to the bus stop. So like every Goergia person I guess I'm supposed to be armed I too have a concealed weapons permit, although thankfully, I have nice neighbors thus far - I'd rather buy cameras myself and I have a shotgun anyway. Whatever works and keeps you in the confines of the law .

 

And I come from South Africa - where I come from we don't indulge in guns for fun and shooting deer in a suit of camoflage - we buy them for self defense in case of attacks from animals or people. I hear you, although venison is quite delicious.

 

They seem to make lots of threats around here but they don't seem to carry them out - but this wonderful gentleman is from the back streets of Chicago and has been living here for 18 years, and is married to a local - so I am wondering. He threatens me in the street like a schoolboy - I think he might be an idiot but idiots have a habit of doing idiotic things. Yes, but we also have this legal impediment, where generally we can't have "prior restraints".

It occured to me that I could try to file a restraining order on him so that if he gets within say 10ft then the Sherrif would be obliged to arrest him. But with the response I got from the local law the last time I called them out, they told me my claims were unfounded, the desk lady on the phone appeared to be laughing at me. I guess I could have a fisticus with the man in the street but I'm civilized and I grew up on a country at war - it's not a fun thing. I would rather deal with this person legally. I feel so bad about this! I would be grossly uncomfortable living next door to this guy, but given the police's lack of interest, no clear cut crime beyond bullying and rudeness, and the fact that the dog has yet to hurt anyone (I know, scary, I never understand a choice get a pit bull and I will discriminate here by saying 'generally', I have found that those that do, do it specifically for a reason).

 

Fortunately, GA is a one party consent state when it comes to taping people you are chatting with (you only need your own consent).

 

If I were you, I'd continue to build up your evidence of a potentially growing problem. Video tape him from your property side. If his dog goes on your property, press charges for trespass and/or him being off the leash. If the cops are useless, go up the chain to county, DA, etc.

 

Also, there is power in numbers, if the scared neighbors all get together, the word of 5 witnesses can be far more impressive on cops than 1. And a nice dandy civil suit can be nice, because it hits them in their wallet, where they suddenly care. Hopefully in time you can get him on criminal charges OR civil.

 

I know this is not the nicest result for you. You've got to live with this neighbor. People have moved their lives to get away from neighbors like him, and sadly, that may be an option to consider. But in the meantime, collect your evidence, quietly, and he may just hang himself with it in the end. I'd not alert him to all of your methods, as he may just devise ways to circumvent them if he knows about them. But, those hidden cameras and your own tapings.....

 

Hang in there, and good luck.

 

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AlexiaEsq., Managing Attorney
Category: Criminal Law
Satisfied Customers: 11691
Experience: 19+ Years of Legal Practice in Criminal Law.
AlexiaEsq. and 11 other Criminal Law Specialists are ready to help you
Customer: replied 3 years ago.
That's a great answer. I was thinking of going up the ladder yes. Many thanks for you time.
Expert:  AlexiaEsq. replied 3 years ago.
Anytime, I feel strongly for you here. I'm almost afraid to move anywhere there are close neighbors, due to wackos like your neighbor. No one needs such stress in the comfort of their own home......
Customer: replied 3 years ago.
Wacko is good terminology indeed :)
Expert:  AlexiaEsq. replied 3 years ago.
Too many of them walking around :)

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