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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Real Estate Law
Satisfied Customers: 19012
Experience:  B.A.; M.B.A.; J.D.
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I live in a small condo building in Chicago, IL - last month

Customer Question

I live in a small condo building in Chicago, IL - last month my next door neighbor's dogs were running free and unattended in our building's outside common area and attacked and injured us. The condo declaration states any pet that is deemed a nuscience the board can vote to remove and the owners must remove within 14 days - our board did rule to have the dogs permanently removed and the owners (who are my next door neighbors) removed the dogs, but went and got an attorney claiming their rights have been violated and brought the dogs back into the building. The board is upholding their ruling and these dog owners are in violation of the ruling and have retained their own attorney to settle the matter.
Anyway I am still traumatized by the incident and standing outside my back door my neighbors suddenly appeared with their dogs, I started having an anxiety attack and pulled out my pepper spray because I felt threatened by the dogs and the owners and I briefly exchanged heated words.
The owners have since filed a civil order of emergency protection stalking no contact order and it lists that I "the respondent" is prohibited from knowingly coming within or knowingly remaining within 10ft of the petitioners residence. Our building is very small with only two doors to exit the building, and my apt doors and my neighbors apt doors are no more than a few feet apart - while sitting watching tv in my apt I am most likely within 10 ft of the petitioner. Does this mean I am in violation because I am knowingly inhabiting my apt and/or moving through the limited common areas (hallway, gates, etc) the hearing is scheduled several weeks out - I find it impossible to believe I am not allowed to inhabit my apt but I need legal peace of mind.
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  Phillips Esq. replied 10 months ago.

Hello: This is Attorney Phillips. Welcome to Justanswer! I will be assisting you today with your post. I am sorry to read about your difficulties.

I am preparing my response to you and I will post it very shortly.

Thank you for your patience.

Expert:  Phillips Esq. replied 10 months ago.

The Civil Order of Protection cannot be complied with. You need to go back to Court and ask for modification of the Order. Carefully explain your living situation and let the Court know that you live very close to the Petitioners and that merely staying in your own apartment minding your own business would be a violation of the Order. Thus, the Order must be modified to account for the fact that you live very close to the Petitioners and share common areas. You need to give the Court a clear idea of your living situation so that the Order can be modified to accommodate that; 100 ft restriction is more reasonable.

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