Dear Customer, you can file a civil claim against this individual (first for a civil restraining order - which I assume you may already have been advised to do by the police department), and second for Intentional Infliction of Emotional Distress (IIED) this tort is somewhat difficult to claim as the Courts set a very high standard, but with facts such as the ones you have described you likely have a strong chance of proving all of the elements necessary to prove your case.
You also have a cause of action for trespass (each time he enters your property is a separate and distinct action, the Court can award any amount of damages it sees fit to stop future intrusions on your property).
I hope that this is helpful, and is in some way able to help stop this conduct. If you have any questions please let me know. Best regards, Bill
The police did advise me that I could get a no stalking order but since he lives right upstairs from me it wouldn't help me very much. Do I need an attorney to
file the civil claim?
You do not need a civil litigation attorney to file a claim (it is helpful but not necessary). You can get most of the necessary forms from your local court's self help center (some are online), or the law library. You will need to go to the law library to research the tort of IIED, and get some case law information to support your claim (cases with similar facts). The research assistants there will help a lot. Depending on your financial situation, you may qualify for legal aid and pro-bono attorney assistance.
Ok. Thank you.
You are welcome, is there anything else I can help you with today?
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).