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JB Umphrey
JB Umphrey, Attorney
Category: Legal
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Experience:  Explains legal matters based on 14+ years experience.
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I just moved to a new condo and the owner next door through

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I just moved to a new condo and the owner next door threw a glass to my hudsbands face while she was haveily drunk which caused a about 1.5 inches of cut above his upper lip. We are very uncomfortable and scared of living in the new condo and thinking about giving up the new place. Is there any legal action we can try to keep the condo but not feel threaten?

This insident occured on New Years Eve. Next door owner appeared to be having a party and while we were walking by in the hallway, several people from next door invited us. We stayed for a minute and left but forgot two bottles of champagne. I and my hudsgand pressed their bell and asked if we could get them back. We got the bottles and on our way out, the owner pushed the door against my back before I exited her place completely. As I turn around, she grabbed my hair with her both hands and pulled me back to her place. This was in progress for 20 seconds or so. My hudsband spotted the situation and try to separate her from me. And a white male with collar length hair threw a punch to my hudsband's face. At the same time, the female owner hit my hudsband's face with a glass cup.

I screamd saying, I am calling a police. As I dial 911, the male grabbed my phone from my hand and threw it down the hallway.    

The femail owner stated she is not going to press charge when the police informed her that she will be going to jail if we press charge her as she cuased a greater physical injury.

At this point, we are trying to find out how we can live in our new place without feeling threatened. Please let us know if there is any legal action we can try.
Submitted: 3 years ago.
Category: Legal
Expert:  JB Umphrey replied 3 years ago.

JB Umphrey :

Thank you for using JustAnswer!

JB Umphrey :

I am sorry to learn of your circumstances.

JB Umphrey :

You have already taken the legal action that you can: you contacted the police and they came to investigate the matter.

JB Umphrey :

Did your husband go to the emergency room for medical treatment?

Customer :

No he says he doesn't need to

Customer :

I was thinking we should go just to get the medical record..but

JB Umphrey :

Very well.

Customer :

wanted to find out if there is anything we can do first

JB Umphrey :

That's an expensive medical record to get if no medical treatment is necessary.

JB Umphrey :

I'm not sure what outcome you are seeking.

JB Umphrey :

There's no legal action you can take to keep your neighbors from being idiots before they become idiots.

JB Umphrey :

That's what it really comes down to.

Customer :

I am afraid what might happen next time when she is drunk and have bunch of male friends over

JB Umphrey :

That's a legitimate concern.

Customer :

we are considering withdrawing from the lease agreement

Customer :

we will pay a lot of panalty for that

JB Umphrey :

However, there is not a law or legal tool in place to deal with such future unknowns.

Customer :

but the doors are right next to each other

JB Umphrey :

That is a personal decision which only you can make.

Customer :

is restraining order not applicable?

JB Umphrey :

The circumstances that you've described do not require the landlord to let you out of the lease without penalty.

JB Umphrey :

From the facts you've described, a judge would not issue a restraining order.

Customer :

okay

JB Umphrey :

If there is a later criminal prosecution, the judge may issue a no-contact order as a condition of bond or any order of probation.

Customer :

because it is she said and he said, right?

JB Umphrey :

You got it.

Customer :

okay..

JB Umphrey :

Good luck and best wishes for better days ahead.

Customer :

this is quite a learning experience for me

JB Umphrey :

I hope that you find this information to be helpful and this answer to be ACCEPTable!

Customer :

i thought law existed to protect people from this situation

JB Umphrey :

Not always, no.

Customer :

hmmm..okay

JB Umphrey :

If there were, they could not build enough courthouses, I assure you!

Customer :

yeah, i think we could press charge her when the police were there

Customer :

she threatend that she will press charge us with false statement made up

JB Umphrey :

You may want to follow-up with the officer who came to your place to take the report to see what they're going to do.

JB Umphrey :

That is the call of the police department.

Customer :

she or no one in her house were touched or showed physical harm

JB Umphrey :

She was drunk. What she said doesn't count.

JB Umphrey :

Sorry. But it's true.

Customer :

my hudsband and i were bleeding on our face

JB Umphrey :

I understand.

Customer :

okay..

Customer :

thank you

JB Umphrey :

You bet.

Customer :

sorry just one more question

Customer :

we did not get the police man's name or case number XXXXX anything

Customer :

do you know how we find out about the report they took from us?

JB Umphrey :

You can contact the police department on Monday and ask them for the incident number of when they responded to your place.

If you are satisfied with the provided information, you can select ACCEPT to close this thread and so that I receive credit for assisting you this morning.

Customer :

okay

JB Umphrey, Attorney
Category: Legal
Satisfied Customers: 20232
Experience: Explains legal matters based on 14+ years experience.
JB Umphrey and 12 other Legal Specialists are ready to help you

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JB Umphrey
JB Umphrey
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Explains legal matters based on 14+ years experience.