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ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
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Experience:  Licensed Texas General Practice Attorney
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I have a neighbor who is constantly harassing my elderly parents.

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I have a neighbor who is constantly harassing my elderly parents. He has been arrested for battery against my father. He did not fight back. He did a plead bargain and basically got off on it after doing an "Anger Management" course. It was one of those "his word against ours" why he got the sentence.He calls my father, who is a senior citizen, every name in the book and slanders him saying to the neighbors in the neighborhood that he is a pedophile. He has harassed other neighbors too causing them to get into fights. He blows his trash onto my parents yard. Whenever he is confronted with blowing the trash, he implies "It was an act of god" that blows the trash onto my parents yard.
We have got video of him deliberately putting up bright work lights aiming them up and shining onto our house. We have called the police several times. He says to them that "He was working on the car and forgot to turn them off". I have him on video moving the car to the lights, putting up the hood, then going and sitting down never touching the car again. The police keep telling us there is nothing they can do.
He has shot my parents car with a BB gun. He has shot my car with a BB gun.
Every time he gets retaliated upon like with picking a fight with the neighbors. He goes crying to some that he is the victim and he doesn't do anything to cause the confrontation. Not only do we but other neighbors have video on him doing harassing things . We were told that we cannot "audio tape" what he says cause we need his permission to audio tape him and that if we do it would be considered as eavesdropping and not be admissible in court.This is just an example of the stuff, the list goes on and on of what he does to my elderly parents. It is causing undo stress upon both of them.
Please what can be legally done to stop the harassment? It seems it is going to get to the point where SOMETHING has got to happen to him to stop him!!!
Submitted: 3 years ago.
Category: Legal
Expert:  ScottyMacEsq replied 3 years ago.
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ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

One thing you can do is file for a restraining order. Temporary restraining orders seek to immediately stop harassment, stalking and other acts of aggression against a victim. Illinois judges may issue a temporary order of protection to immediately prohibit individuals from contacting victims or causing further harm.

ScottyMacEsq :

Determine your eligibility for an Illinois temporary restraining order. The Illinois Domestic Violence Act allows only certain family or household members to petition for an Illinois protective order (see References 1). You may file for a restraining order if the person causing the harm is a blood relative, current or former spouse, or current or former cohabitant. You may also file if you have been engaged to or dated the harasser or have or allegedly have a child together. In addition, anyone who has a disability or acts as a personal assistant to a disabled person may file a petition against a person in the same family or household.


Read more: How to Get a Temporary Restraining Order in Illinois | eHow.com http://www.ehow.com/how_6361976_temporary-restraining-order-illinois.html#ixzz0z3qT9yzN

ScottyMacEsq :

Visit your county circuit court clerk. You can have a lawyer do this for you. However, filing for a restraining order in Illinois for protection is free. You can petition the court by yourself if you do not want to hire a lawyer. Use the contact information for Illinois circuit court clerks on the Illinois Courts website if you need directions to the clerk's office

ScottyMacEsq :


Tell the personnel at the court clerk's office that you want to file an emergency order of protection. You may obtain this emergency order if you can convince the judge that giving notice to the abuser before the order takes effect will cause you further harm. The clerk's office will provide a petition form for the order of protection. For example, Cook County has its own filing forms and information for domestic violence (see References 2). Each county has its own local forms for filing a petition.



ScottyMacEsq :

Fill out the petition for a protective order. Make sure you complete the information for an emergency order of protection. The clerk's office will then tell you which courtroom to visit to obtain the protective order.



ScottyMacEsq :

Go to the courtroom and hand over the petition to the courtroom clerk. The judge will ask you questions. Explain that you fear for your safety and need an emergency order. The judge will issue the order if your situation warrants an immediate order of protection. The sheriff then serves the order. You do not have to contact the sheriff. The court will directly forward the emergency order of protection to the sheriff's office to give notice to the abuser.

ScottyMacEsq :

After this point, you can get the court to issue a permanent injunction, that specifically states what the person can and cannot do.

ScottyMacEsq :

If you have any other questions, please let me know. If not, and you have not yet, please select the "accept" button. Thank you, XXXXX XXXXX good luck to you!

Customer :

I may have some follow up questions. In the fight my father was hit in the ear and nbow has hearing lost. This is documented and can be brought into this situation. We have had a temporary restraing order on him. But do due the plea it was only active for 6 months while he attended his "Anger Management. I was wondering also can we "audio tape" him? If we can get what he calls and says to harass my parents then we can use your advice and get another temp. restraining order and then fill out a petition for a protective order. Doing the "audio" would help extremely with getting the orders put upon him. My mom does have a video camera she uses BUT when he does say anything to her it is always when he is off camera or when she doesn't have the camera on. She can just carry the small recorder with her when she goes out to do yard work and if he starts something she can turn it on.

ScottyMacEsq :

Actually the police are correct that you cannot tape him because of the eavesdropping laws. There is some case law that indicates that a party to a conversation could do this without the other knowing it, but that's still up in the air.

ScottyMacEsq :

Rather, you would want witnesses and other evidence that you could get. You can tell the judge what was said, when it was said, how you remember, etc... And that reminds me: document everything. In every single interaction that you have with him, immediately write down what was said, when, why, who was there, etc... and take pictures of physical damage and encroachments to the property. You can use this as evidence in a TRO situation.

ScottyMacEsq :

If you have any other questions, please let me know. If not, and you have not yet, please select the "accept" button. Thank you, XXXXX XXXXX good luck to you!

Customer :

Scott,

Customer :

Scott, I will tell her to right in a journal what he does. Usually, She tries to video tape him doing things he does or sayd to her as it occurs. We are planning to install cameras around our house just because of him.

ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 11454
Experience: Licensed Texas General Practice Attorney
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