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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 87441
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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my vindictive neighbor called dyfs in NJ. Do I need to call

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my vindictive neighbor called dyfs in NJ. Do I need to call a lawyer before I talk to them.
Submitted: 4 years ago.
Category: Family Law
Expert:  Ely replied 4 years ago.
Hello,



My name is XXXXX XXXXX I am one of JustAnswer's attorneys. I'll be helping you resolve your matter today.



Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



What did he/she allege?





Customer: replied 4 years ago.
Drug use. My husband spoke to the agent and showed him around, and he wants to come back and meet me soon. We do not drink or do drugs, but he has called the police because our music is loud (to him, not in any legally disruptive way)
Expert:  Ely replied 4 years ago.
Yes, I would recommend an attorney ALWAYS. First, I am sorry for your situation. I would recommend first to retain an attorney as soon as possible. I would advise against talking to the police unless you are represented by counsel. While this may seem counterintuitive (i.e. you want naturally to present yourself as willing to talk the situation out and convince them of your innocence), remember that police are good listening to everything you say, and looking for other subtle cues. Also, anything you say can later be used against you, so again, I would strongly caution counsel.
Once this is taken care of, sue them. You need to threaten litigation, or actually sue. Let me explain.
Lawsuits are made up of causes of action, in other words, to file suit, you need a cause of action (at least one).



You can file multiple causes of action together. All causes of action have different elements you have to satisfy. For example, “negligence” is proven if there is (1) a duty owned to Plaintiff and (2) the Defendant breached that duty.



It takes too long to explain all elements of each cause of action, but from my knowledge, you have a lawsuit for the following causes of action: slander, defamation of character, and intentional infliction of emotional distress.

Some elements of the causes of action different by state due to different evolution of local law, but they are generally nearly identical.



If the hearing is by Judge (“bench trial”), the Judge decides. If the hearing is by Jury (“jury trial”), a majority of the Jury has to decide towards one way. Although a lawsuit is automatically set up to be heard as a bench trial, either party can request a jury trial. Defendants usually prefer a jury trial since it’s harder to convince a few minds, rather than one.



In the end, the Judge or Jury that decides whether or not the elements for each of the causes of action were satisfied, and if so, what damages are needed to rectify the situation. Note that if you win, you may also get your legal fees and attorney fees tagged unto the award.



Know, however, that 85% of such cases are resolved with a stern demand letter from your attorney and perhaps a draft petition included with it. That usually scared them to make a deal to avoid litigation. When you hire an attorney, try to hire them on a contingency basis, i.e. they don't get paid unless you do (usually about 33%, or 40% if reward is from trial). I can help you find an attorney in your area who specializes in these kinds of matters if you'd like.

Best of luck in your matter. I'm here if you need any more clarification or follow up information.



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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 87441
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 11 other Family Law Specialists are ready to help you

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