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Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11580
Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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We have a neighbor who rents an apt 400 ft from our property,

Resolved Question:

We have a neighbor who rents an apt 400 ft from our property, we are home owners. This person is the daughter of my husband's ex-girlfriend. She purposely sits on our property line for hrs, with her boyfriend, & kids, stares in our windows, walks her 4 large dogs to pee/poop against our property leaving it. Comes oit at 2 a.m. to play with the kids and dogs causing disturbance while we sleep. We put up a privacy fence, filled in large holes where dogs damaged property, still she and others come and look through fence after landlord has told them several times to stay away. We have filed reports with police for noise, harassment, only to be told its civil. Reported ordiance violations about smell, etc., this girl is out to destroy our marriage and it has caused great mental distress everytime I see them coming. We installed security cameras for our protection, they are claiming we are harming them. Its to make sure she does not xome near our property line. Do we have gounds for a civil order of protection? Our marriage counselor and my therapist says something has to be done or I need to leave and stay with family elsewhere because I already suffer from PTSD and this has taken a recovered person and put me back on leave of absence from work because of the feeling and fear of being followed or stalked. She has done this 3.5 yrs.
Submitted: 10 months ago.
Category: Legal
Expert:  Andrea, Esq. replied 10 months ago.

Hi, my name is XXXXX XXXXX I will be glad to assist you in any way that I can,

 

I am sorry to hear about the very uncomfortable position in which you have been placed and nobody should have to live that way,

 

The police are not entirely correct because although it might be a civil matter as between you and this individual, it is not a civil matter when they are causing a disturbance in the neighborhood and violating noise Ordinances "cleaning up after your dog" laws of the municipality.

 

You asked,

 

"Do we have gounds for a civil order of protection? "

 

Answer

 

You do have recourse, but it is not through an Order of Protection because such an Order is not a civil matter and also because such Orders are entered only when one party is in fear of "imminent bodily harm or injury" and then, only as between family members or where there is or was a relationship between the victim and the perpetrator.

 

This individual's disturbances are what the local Ordinances call a nuisance and your recourse is to file a lawsuit against her for "abatement of a nuisance" and for violating the local Ordinance on cleaning up after your dog. You can file your lawsuit in Small Claims Court where you will not have to incur any legal fees because you do not need an Attorney to file a lawsuit in Small Claims Court. The Clerk of the Court has the Complaint forms that the Small Claims Court uses, so all that you will have to do is fill out the Complaint, give it back to the Court Clerk and he will assign it a hearing date. The Court Clerk takes care of serving the Notice and Complaint on the defendant, so you do not have to have any contact with this individual. At the hearing, tell the Judge what has been happening, what this individual has been doing, how long she has been causing disturbances in the neighborhood, and that despite her violations of local Ordinances on noise, and other disturbances, the police have refused to do anything about it. And, the Judge will take care of her,

 

 

 

Please be kind enough to give a rating of "Excellent Service" because that is the only way that I will receive credit for my time and effort in researching your question and furnishing you with Answers. It will not cost you anything additional to leave a positive rating,

 

 

ANDREA

 

Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11580
Experience: 25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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