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Alex Esquire
Alex Esquire, Attorney at Law
Category: Real Estate Law
Satisfied Customers: 16721
Experience:  Experienced Licensed Attorney / Real Estate Law Mentor
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I have a neighbor from hell that speeds down our residential

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I have a neighbor from hell that speeds down our residential street at 50mph+ and when asked by several neighbors, including myself, to slow down the response has been extremely aggressive and confrontational. Her husband has threatened to 'kick my ass', her son has driven down and confronted me for asking them to slow down. Now when she see's me, she makes eye contact and then violently accelerates her car as if to prove a point, putting neighborhood kids at risk.

The police have been called on numerous occasions by myself and other concerned neighbors and the issue has been documented for years. Last Friday she pointed her vehicle at me and accelerated to about 50mph, and missed me by about 3 feet, which made me fear for my life. The police came and said I could have her arrested for assault, but it would be my word against hers. Another neighbor saw enough of that incident to see her speeding at 50mph+, but did not see her nearly hit me. After that myself and another neighbor went to the association to get them involved to help deal with her (the police say they cant do anything if they dont see it)

After going to the association, I got a letter from her attorney stating that I was harassing her etc. In 10 years of dealing with her speeding, I have spoken to her, or members of her family 3 times and have not called names or made threats. My goal has been to deescalate the situation, but I feel the lack of taking a stand has emboldened her behavior. I also found out today, as I spoke with neighbors to enlist their help with the association, that she has treated others with the same aggression and her husband has threatened violence with others as well. Is it possible for me to get a restraining against her, and do I need to even respond to the letter from her attorney 'banning me from any contact with her or her family'? I know neighbor issues can be a mess to deal with, but in this case, she is going to kill someone if we cant figure out a way to deal with her, and now that we are trying, we are getting threatening letters from her attorney. I have more than 10 other neighbors that have witnessed the behavior or been victims of it.
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

I am sorry to hear about this unfortunate situation.

Unfortunately, in order to obtain a restraining order, you would have to show by clear evidence to the judge that this neighbor has engaged in violence or threatened violence against you and if you do have police reports or wittnesses who can testify that this neighbor tried to hit you with her car, it would be possible.

It is extremely important to document this neighbor's illegal, reckless and criminal behavior by possibly installing video cameras or even taking video with a cell phone, since in order for this neighbor to be criminally prosecuted, it would require evidence, such as video and wittnesses or some othe material evidence of her criminal activity.

As far as the letter from the attorney, it is always a good idea to consult and retain local attorney who can send a response on your behalf to this neigbor attorney and that response would not only state your position, but also would show this neighbor and her attorney that you cannot be bullied by her lawyer.

I wish you the best of luck and please let me know if you have any related follow up questions.
Alex Esquire and 2 other Real Estate Law Specialists are ready to help you
Customer: replied 4 years ago.

Thank you, XXXXX XXXXX advice. We have already installed cameras and tomorrow will retain a lawyer as well. The end goal is to get her to slow down, but unfortunately it seems that the situation will have to be dealt with legally if there is going to be any recourse.