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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 12996
Experience:  B.A.; M.B.A.; J.D.
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I have lived in my home for 8yrs. We have one neighbor who

Customer Question

I have lived in my home for 8yrs. We have one neighbor who we have had nothing but problems with. Their kids steel our kids toys off our lawn and break them. They've stole a bike. Their son told my kids and other kids in the neighborhood he was going to kill them and went into great detail on how he was going to do it. He has been in trouble with the law multiple times. We called the police and they did nothing. We had a small house dog and we have an electric dog fence around my yard so she couldn't get out. Their kids would stand in the front of my yard and call her over so she would get shocked and laugh. They would kick her and throw things at her. My dog became very aggressive and never had been before and would no longer go outside to use the restroom because she was scared. When we took our dog places she was her old friendly self we never had problems. It was only home she acted like that. We had to give her away because she was so aggressive. We had her 7yrs and my kids are devastated. Can I sue over the constant harassment from these people?
Submitted: 1 year ago.
Category: Legal
Expert:  Phillips Esq. replied 1 year ago.
Thank you for giving me the opportunity to assist you. Kindly use CONTINUE or REPLY button to ask for clarification or follow-up questions.



If the Police are helping, you can file civil harassment suit against your neighbors. You may use the following sites to find local Attorneys that handle civil litigation to assist you with your case:


http://www.lawyers.com



http://www.justia.com





However, the harassment that you have described would be better handled as a criminal matter. Under Utah Code Title 76 Chapter 5 Section 76-5-106, this behavior of your neighbors would be classified as a criminal harassment and would be a Class B misdemeanor. So, you need to contact your District Attorney's Office to file compliant against your neighbors and to see if the DA can pursue the case before filing a civil suit against your neighbors.



Title 76

Utah Criminal Code

Chapter 5

Offenses Against the Person

Section 106

Harassment.

76-5-106. Harassment.

(1) A person is guilty of harassment if, with intent to frighten or harass another, he communicates a written or recorded threat to commit any violent felony.

(2) Harassment is a class B misdemeanor.

Expert:  Phillips Esq. replied 1 year ago.

May I ask why you gave me a negative rating for addressing your concerns?

I specifically answered your question as to whether to file a lawsuit and also provided information about criminal complaint and even cited the relevant Utah Code for you. I am not sure what you expected me to say that I did not say, which resulted in the "Poor Service" rating.

Kindly note that I have ethical and professional obligation to provide you with accurate information eventhough that information may not be what you want to hear.

Your negative rating reflects very poorly on me as a Professional. It also means that I would not received credit for assisting you and your deposit with the site administrator does not get transferred to me.

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