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The fact That 2 minutes after the shooting he text me asking

me how was my house...
The fact That 2 minutes after the shooting he text me asking me how was my house. I want all options to deter him from ever bothering me again. The police can't do anything until he does something else. I have no doubt that he will do something again and I wont care about law and order if I'm dead. For a man to walk on another mans land and shoot is unacceptable and there must be a consequence. If not criminal then civil. I don't want a fight I want to protect myself.I need non criminal options!
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Answered in 6 minutes by:
7/16/2013
Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 33,167
Experience: JD, BBA Over 25 years legal and business experience.
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Hello and thank you for requesting me again.


I am working on your answer now and will post it here shortly. Thank you for your patience while I prepare your answer.

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Hello again, Andrew.

It looks like you are waiting for me in another thread, but I believe you are referring to the same incident in both threads, so I will address your concerns here and have the other thread closed.

You could sue the individual for property damage and for intentional infliction of emotional distress (IIED) in a civil case. IIED is usually a difficult type of case to prevail on, but it might be viable under the facts you have presented since he does appear to be trying to cause you emotional distress. I would also consider requesting that the court enter a restraining order against this individual since they do appear unstable and the fact he called you shortly after the shots were fired is circumstantial evidence that he fired the shots. It may not be enough to criminally convict him, but the burden of proof only requires a preponderance of the evidence show it was him in a civil case.

It would be best to retain a local civil litigation attorney to represent you in this matter and pursue these claims on your behalf.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Tina
Tina, Lawyer
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Thank you very much for your positive rating of my service. It has been my pleasure to assist you and I hope you will ask for me should a future legal need arise.

If you receive a Customer Satisfaction Survey from JustAnswer, please consider scoring me a 9 or 10. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and all the best to you.

Tina

Note: Please feel free to request me if you have future legal questions by typing your new question in the question box on my profile page. Here is a link to that page, which you can bookmark or add to your favorites: http://www.justanswer.com/law/expert-tina/. I look forward to hearing from you again should the need arise.

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Customer reply replied 4 years ago
I'm not a rich man how much would this endeavor cost out of pocket generally. I was in a car accident several years ago and my lawyer covered the short term cost and upon winning he immediately recieved 33% of all that was recovered. Is this an idea attorneys often are agreeable to doing? And if so how do I approach the issue? Also what kind of specialization should I seek in my attorney should I pursue this?
Hello again, Andrew.

This is not the type of case in which you would likely find an attorney willing to take it on a contingency fee basis since there does not appear to be significant damages to recover based on the facts I have. So they would likely require a retainer. The amount is up to them after they consult with you but I would expect it to be around a couple thousand dollars or more. The total cost could be much more than that, depending on whether the case is settled quickly or you take it to trial.

A civil litigation attorney would usually be best or a family law attorney who handles civil litigation cases.
Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 33,167
Experience: JD, BBA Over 25 years legal and business experience.
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Tina
Tina
Tina, Lawyer
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