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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 100053
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Our neighbor and I have each a HRO against each other. I

Customer Question

Our neighbor and I have each a HRO against each other. I have maintained to abide by court order and truly only reason I got one was name calling them, shining a light on them after yrs of abuse to us, property damages. Since- the HRO I have experienced for entire 10 months our neighbors pushing the lines endlessly on every level to monitor my schedule to taunt, stare excessively every time I left for work, turning lights on at window for me to see them stare evenings coming home, nuisance behaviors and noises to strain our enjoyment of yard, home life.
It honestly has been a nightmare for 3 yrs now. We may eventually move but NOT doing it on neighbor terms.
Many police complaints were made-reports completed, yet-they of course denied all wrongs and police cited NO violations. Most reports completed left out the most crucial details with most every complaint. ( I question-honestly if I am dealing with selective enforcement)
I was literally pursued several times where they came within 10-15 feet of me working in yard to stare, taunt. Police did nothing. Coming over to area I was at-to harass me by staring, making noises and when I cited to police-they offer NO violation as No contact.
Once revving up his chainsaw-I opened my side gate to check out and he pointed chainsaw directly at me 7' of me at chest level and revving at high speeds-smiling.
I called police-they cited NO violation. I am still appauled.
FINALLY last weeks I got them to cite for breaking NO contact with calling me a name while working on my xmas lights outside.
YET...todate 2 weeks later-I have not been told literally ANYTHING by police, city prosecutor to status, if he was arrested per HRO when in violation. I have contacted both-neither responded.
With it-I filed a Motion of Notice Motion to Change my HRO-to add other areas of Harassment NOT stated with Harassment is Prohibited as Police have literally not recognized all except recent.
I represented myself at trial for HRO_filing motion and granted a hearing now next week.
MY questions are this;
HOW do I get the judge to allow PAST trial evidence as I have plenty of pictures showing behaviors of past-to offer character of neighbors harassing me and telling police with every report did not. I want to set foundation they LIE-for current trial.
Second-What are MY legal rights with neighbor violation citation on HRO-to get Chief of Police and Prosecutor to offer me status?
Third. The Judge offered me a HRO citing . Harssment is prohibited, AND cited no cameras, contact, property damages. HE re stated this with past petition I attempted 5 months ago-citing HE already issued " harassment is prohibited" YET police have denied 99% of it.
Do you believe I am getting Mixed messages by Police-Court and how after literally 2 weeks contacting the prosecutor to ask status of HRO violation-he knew nothing to offer me and cited will get back and No follow up.
As you can offer, Thank you
Brad
Submitted: 10 months ago.
Category: Legal
Expert:  Ely replied 10 months ago.

Hello and welcome to JustAnswer. Please note: This is general information only for educational purposes only, and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation.

HOW do I get the judge to allow PAST trial evidence as I have plenty of pictures showing behaviors of past-to offer character of neighbors harassing me and telling police with every report did not. I want to set foundation they LIE-for current trial.

This is public, court record by definition. So any photo introduced in a prior court of law, for example, may be used in this one.

Second-What are MY legal rights with neighbor violation citation on HRO-to get Chief of Police and Prosecutor to offer me status?

What do you mean by status?

Third. The Judge offered me a HRO citing . Harssment is prohibited, AND cited no cameras, contact, property damages. HE re stated this with past petition I attempted 5 months ago-citing HE already issued " harassment is prohibited" YET police have denied 99% of it.

The problem is that while the Judge can err on the side of caution with the HRO and grant it, the police want to see the action itself many times. Thus, photos and your claims may not be enough for the casual police officer who gets there half an hour later. As such, it may be a good idea to carry a camera. I know it sounds funny, but provided the filming is not through their window or otherwise where they would expect privacy, it would be lawful and may be used as evidence - good evidence - of what they are doing.

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