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Ask Olivia Kent Your Own Question
Olivia Kent
Olivia Kent, Attorney
Category: Legal
Satisfied Customers: 871
Experience:  Partner at Kent Law Group, LLC
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My daughter has been diagnosed with a number of severe

Customer Question

My daughter has been diagnosed with a number of severe mental conditions and is physically disabled from a suicide attempt a few years ago. In May we had new neighbors move in. The neighbors bedroom is on the other side of the wall from my daughters bedroom. The neighbors are a young couple. The female has demonstrated a pattern of harassment of my daughter by listening through the wall to her conversations and making harassing comments and bullying her. I've had to call the police on them twice. Is there any civil action that can be brought against them?
JA: Can you tell me what state this is in? And how long has this been going on?
Customer: We're in Denver, Colorado. This has been going on since mid-July. The woman seems want to harass her even more on the days when she's having a severe mental episode that has almost pushed her to suicide attempts on a number of occasions.
JA: I'm sorry if I'm reading you wrong here, but it seems as though you might be considering committing suicide or hurting yourself. Am I right?
Customer: No. I'm referring to my 32 year old daughter.
JA: Okay. Let's try this again. How can I help you?
Customer: Is there any type of civil action that can be brought against the neighbors for this behavior?
JA: Has anything been filed or reported?
Customer: As I mentioned, I've called the police on them twice. Unfortunately, the police couldn't do anything without proof. I'm purchasing a digital recorder for that purpose tonight.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I have lived at my home for 28 years. The constant harassment of my daughter left me little choice but to purchase a new house.
Submitted: 10 months ago.
Category: Legal
Expert:  Olivia Kent replied 10 months ago.

Hello. My name is ***** ***** I'm an attorney. I'll be happy to help you in any way I can. My goal is to make sure you are completely satisfied before you submit your rating so please let me know if you have additional questions or you need me to clarify anything. If there is a delay in the time it takes me to respond it is because I am working with a customer or I am not online - but rest assured I will respond to your follow up question, if you have one. Also, I am on a mobile unit, which automatically asks you to submit a rating once I submit a response – but please don't feel like you need to do so until we are done speaking. You could file a police report the next time harassment occurs and you could also file for a restraining order.

Customer: replied 10 months ago.
We've called the police on them. As I previously stated, since we didn't have a recording of the harassment there was nothing the police could do. I'm going to purchase a digital recorder to obtain evidence. We will continue to pursue the issue with the police, however what I'd like to know is if my daughter can bring any type of civil action for the harassment?
Expert:  Olivia Kent replied 10 months ago.

She can attempt to sue them for intentional infliction of emotional distress or something similar, as well as seeking a restraining order. Does that make sense?

Customer: replied 10 months ago.
What would be the probability of success in bringing a suit for intentional infliction of emotional distress for her case?
Expert:  Olivia Kent replied 10 months ago.

The following is the standard:

To establish a claim for negligent infliction of emotional distress under Colorado law, the plaintiff must show that the defendant’s negligence created an unreasonable risk of physical harm and caused the plaintiff to be put in fear for his or her own safety, that this fear had physical consequences or resulted in long-continued emotional disturbance, and that the plaintiff’s fear was the cause of the damages sought. The plaintiff must also show that he or she either suffered physical injury or was in the “zone of danger.” Draper v. DeFrenchi-Gordineer, 282 P.3d 489, 497 (Colo. App. 2011).

Customer: replied 10 months ago.
Thank you!!
Expert:  Olivia Kent replied 10 months ago.

It's my pleasure :) If you ever need additional assistance, you can always reach out to me directly by putting FOR OLIVIA in the first line of your question and Just Answer will route it to me.