Have Legal Questions? Ask a Lawyer Now.
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.
"Do we have gounds for a civil order of protection? "
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,
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).