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A next door neighbor woman called the Sheriffs Department,

 
PaulMJD's Avatar
  • Answered by:PaulMJD
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Customer Question

A next door neighbor woman called the Sheriff's Department, declaring that I was committing a peep tom offense. The woman then proceeded to have her 26 year old daughter create a tears filled story of my either photographing her or looking through binoculars.
The truth is we have had a 23 year property line dispute. After 2 survey being destroyed, they built a fence, 7 feet into my property, as my last survey registered at the County Office Building Department shows.
They have encroached on both public and private property and use entrapment in order to stop those who appose them.
In a smoke screen of lies, she was awarded the restraining order plus all expenses.
I am 67 and would like to file Elder Abuse Charges.
Please advise.

 

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State/Country relating to question: California

Already Tried:
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Submitted: 234 days and 8 hours ago.
Category: Criminal Law
Value: $38
Status: CLOSED
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Expert:  PaulMJD replied 234 days and 8 hours ago.

Do you have a boundary lawsuit filed against her?

Customer replied 234 days and 7 hours ago.

No

Accepted Answer

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Expert:  PaulMJD replied 234 days and 7 hours ago.

The first thing you need to do here is file a boundary action against her in civil court, since failure to take legal action could cause you to lose your property rights to her adverse possession. Second, you need to go to court and present evidence these charges are false and get the order vacated and then you can sue her for malicious prosecution. You can contact adult protective services regarding her committing elderly abuse, but you would need some evidence such as the malicious prosecution or her committing some criminal act against you for them to sustain any charges against her, which is why you should fight the protective order she obtained first before seeking to file malicious prosecution and elder abuse charges against her.


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Expert TypeLawyer
Category: Criminal Law
Pos. Feedback: 98.3 %
Accepts: 5517
Answered: 8/20/2012

Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience

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