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Roger
Roger, Lawyer
Category: Real Estate Law
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Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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My nextdoor neighbors (grandmother, her son & his wife and

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My nextdoor neighbors (grandmother, her son & his wife and 3-4 teens) first began stalking me Feb. 2010, 4 mos. after I moved in. The son even confessed to 3 deputies, but he was not arrested. Four-five nights/wk he climbs my privacy fence & tries to break in, despite our two dogs, an alarm system, and my father and my side-arms (reg. thru federal). Now the grandchildren are vandalizing. The grandmother had my DSL cut off, then did many things w/my AT&T acct, and her son has hacked my modem & computer. The rumor is that they are trying to force my father and I to move. I have progressive MS and my dad is older, although still spry. I have done everything the sheriff's dept has asked, and the det. came here to get the video I had so far and to see the damage (over $7,000 to date) first-hand. But the sheriff's dept has done nothing. What can I do to counter these people who are trying to force me to move? Since we're not doing anyting criminal and they are, how do we get them to move?
Submitted: 3 years ago.
Category: Real Estate Law
Expert:  Roger replied 3 years ago.
Hi - my name is XXXXX XXXXX I'm a Real Estate litigation attorney here to assist you.

The best thing you can do is file criminal charges for stalking, trespassing, harassment and ask the court for a restraining order against them.

This may not force them to move, but it will result in a court order to leave you alone.
Customer: replied 3 years ago.
I would love to file criminal charges, but I can't get the sheriff's department to act on the information and proof that they have -- they haven't even reviewed the video, which they collected several weeks ago. I haven't filed for a TRO because from observation both the grandmother and her son have a mental illness, such as unmedicated bipolar and/or schizophrenia. A TRO would be like poking a rattlesnake with a stick and would result in even more violent behavior. Even the captain of the sheriff's dept agrees with me on that. They suggested I have "lunch" with the local circuit judge, but because that is ex parte and this may go to the state AG I have so far not done that. But this is causing my health to decline, and wearing my side-arm even inside and awaiting a nightly onslaught is no way to live. They apparently want to force us out of our house. We're not moving.
Expert:  Roger replied 3 years ago.

You don't have to have the sheriff's office to file criminal charges. You can go to the county magistrate or state court clerk's office and file criminal charges on your own.

 

Customer: replied 3 years ago.
I just need to have all the proof I can, and unfortunately it's in the sheriff's inventory. But thank you -- we'll see if I'm allowed to do that in this county. I expect things will get terribly worse, because a piece of paper won't prevent them from scaling a 6' privacy fence. Please know I have done nothing in response or even to cause this -- I've only spoken to them a few times and have only lived here a little more than a year.
Expert:  Roger replied 3 years ago.
If you file charges and get a restraining order - and they violate it - they can be held in contempt of court and go to jail or be fined for violating the order.
Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 26157
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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