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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37618
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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In NC, are there laws against harassment? In this situation,

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In NC, are there laws against harassment? In this situation, a neighbor has taken a disliking of my dog. My dog remains on my property but the neighbor insists it should be on a leash although I have contacted animal control to verify that it is not required by law that the dog be on a leash provided it is supervised and on my property. However, the neighbor has been threatening, started taking pictures of my dog and I on our property, has contacted a private wildlife company and now my landlord of the property I rent. The dog and I have not done anything. Can I legally pursue the neighbor for harassment or other legal means?
Submitted: 2 years ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your question.

To answer your question, yes, you can. North Carolina repealed their "harassment" statute in 2008 and combined it with Stalking under Section 14-277.3. Harassment is defined as:

"
(2) Harasses or harassment. Knowing conduct, including written or printed communication or transmission, telephone, cellular, or other wireless telephonic communication, facsimile transmission, pager messages or transmissions, answering machine or voice mail messages or transmissions, and electronic mail messages or other computerized or electronic transmissions directed at a specific person that torments, terrorizes, or terrifies that person and that serves no legitimate purpose.
...
"

Since this behavior is attempted against you to terrorize and pursue you without cause, you can pursue both criminal and civil claims against him directly. The full law is below, at this link:

http://law.justia.com/codes/north-carolina/2010/chapter14/article35/section14-2773a/

Good luck.
Customer: replied 2 years ago.
Thank you. Just to be sure. Would pursuing a harassment charge/complaint be impacted in anyway if my dog has gotten out of the backyard fence on a couple of occasions? The problem was remedied by putting up an electric fence. I only take my dog out into the front yard when supervised. He is not an aggressive breed, stays in the yard, very obedient and within my control at all times. Other than the neighbor not liking or being afraid of the dog and feeling it should be on a leash, she has proceeded in being unfriendly, threatening, calling my landlord and private wildlife agencies. Would I still have grounds for harassment?
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your follow-up, Ramona, and you are most welcome.

Yes, that would impact your ability to pursue a claim. If your dog did invade his land and did enter or otherwise get out from under your control, while it does not completely undermine your claim, it does make it harder for you to show that the other party had no reason at all to pursue you in this instance. Still possible, just not as strong.

Good luck.
Customer: replied 2 years ago.
However, if the getting out from the fence occurred a month ago and there has been no event since, this neighbor has only started within the past couple of weeks with harassing without cause as the dog is literally in proximity to me at all times in my yard. There has been no instigation of the situation on my part and the only complaint is the fact my dog is out in the front yard with me. For example, I was sitting on my front porch Saturday and my dog was at my feet. She took pictures of us in my yard. Again today, my dog was sitting in the front yard with me while I sat on the porch. She returns home and sees us sitting in my yard not bothering anyone, and she called a private wildlife company who showed up to my house and then my landlord who came by as well. She is acting beyond what would seem reasonable and would seem to still constitute harassment. Can she just arbitrarily continue such behavior if a past rare occurrence was responsibly remedied and has not occurred during this period of harassment by her?
Expert:  Dimitry K., Esq. replied 2 years ago.
Subsequent behavior, especially after you requested that she cease such behavior, hopefully in writing, would strengthen your claim against her. Ultimately it is up to you to show that the behavior of the neighbor is unreasonable, and that you warned her to stop which she failed to do, for whatever reason.

Good luck.
Customer: replied 2 years ago.
What sort of information, evidence, or documentation would I need to support my claim with regards XXXXX XXXXX harassment?
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your follow-up.

Whatever evidence you can find. Police reports, letters requesting that she cease behavior, or even pictures of her spying on the property, as well as copies of her reports to third parties can all be utilized.

Good luck. My apologies but due to the lateness of the hour, I will be retiring for the evening. If you have additional requests for clarification, I promise to respond to them in the morning. Until then I ask that you rate my answers if you are satisfied. Thank you.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37618
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
Dimitry K., Esq. and 2 other Legal Specialists are ready to help you
Customer: replied 2 years ago.
Thank you very much for your time Dimitri. If you can think of any suggestions for how to legally deal with this neighbor and anything that may be helpful, it would be greatly appreciated. I take pride in being a good neighbor, tenant and responsible pet owner. This has really gotten under my skin especially when "reasonable" has gone out the window by some people and they instigate problems for no reason. It really is about the principle of the matter for me right now.

So thanks again for your time. Have a nice night!

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