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Alabama

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Answered in 5 minutes by:
3/23/2018
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 12,570
Experience: Just Answer consultant at Self employed
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Hello; what is your question please?

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Customer reply replied 1 month ago
I live in Alabama. I had to put an harassment order against my neighbor and the judge has granted the protection order. My finance who lives with me was also part of the harassment and the judge stated that my neighbor should move but hasn't done so. My finance doesn't wish to live at the residence now longer due to unhappiness regarding the harassment. I'm following up to continunance of the protection order however can I sue for punitive damages the neighbor has caused since my future spouse wants to leave?

So to be clear did the judge state the neighbor should move, or is there a court order (injunction) to that effect?
Was this in civil court or criminal?

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Customer reply replied 1 month ago
The judge stated that the neighbor should move however there was no legal motion put in place. It was an criminal harassment case of trespassing and harassment. The neighbor testified in court under oath that they were moving however 10 months later, the neighbor is still residing at the property

Thank you; the problem is that a party is under no obligation/requirement to move unless there is a court order to that effect;

Now a civil judge can take judicial notice of the criminal case (so the testimony and such does not need to be readmitted) and the party can sue for invasion of privacy or intrusion on inclusion, both of which are torts that may include punitive damages.

Punitive damages are designed to punish the defendant and if there is no specific court order requiring the party to vacate then it would be difficult to make a case that the defendant deserves additional punishment in the criminal case; additionally criminal cases may provide restitution but punitive damages are most often ordered in civil tort cases.

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Customer reply replied 1 month ago
ok. I will have to research invasion of privacy and intrusion of inclusion. I'm not sure if stalking/cyber stalking would be considered as invasion of privacy but I def have proof that the neighbor did this to me and my fiancé. I need to see a civil attorney correct?

Yes; that is correct;

whenever a person access another's personal space that can be grounds for intrusion upon inclusion or invasion of privacy- the main component is whether a reasonable person would feel violated due to the privacy of the issue (reasonable expectation of privacy). So a criminal ruling in one's favor is helpful.

I'm sorry you are still having to deal with this so much later; normally there will be a stay away order that will address the residence issue.

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Customer reply replied 1 month ago
One last question... being that the protection order is still within 1 year and effective and the neighbor did not follow the judges suggestion, can I still pursue this in civil court? The order was granted last May 2017

Yes, civil and criminal cases may be pursued simultaneously; one can also seek modification of the criminal order requesting a move out order to effectuate a stay away order;

a person is not obligated to follow a suggestion (but they must follow a court order) and the problem is if the defendant said they planned on moving they can always say they changed their mind so it would be difficult to pin a perjury charge (those are difficult to get which is very frustrating)

legalgems
legalgems, Lawyer
Category: Legal
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Customer reply replied 1 month ago
thank you.. you have been a great help. I will consider the information and consider seeking legal counsel if I desire to pursue this.

You are most welcome; wishing you and your fiance the best.

Thank you and take care.

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