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A little more than 2 years ago, I purchased bare land in

Monterey County. I have a...
A little more than 2 years ago, I purchased bare land in Monterey County. I have a legal driveway easement, but one of the neighbors continues to block our easement and harass us. I tried to sell the property but the neighbor screamed profanities at realtors and potential buyers making it impossible to sell. I decided to maintain the property but this woman met me and my daughter in the shared driveway easement with a rifle/shotgun. I got a restraining order that was served Saturday morning and Saturday night she started harassing, slandering and inciting other to harass me on NextDoor. I called the sheriff's department and they said it is not a violation of the court order because it is on the internet and my order doesn't say she can't mention my name! This woman has no regard for authority or the restraining order. She constantly calls the code enforcement to have us red tagged pending investigation which always shows we are not doing anything illegal!!!
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: California
JA: Has any paperwork been filed?
Customer: Yes, I have a temporary restraining order (with violence) until our court date on October 12th.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
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Answered in 25 minutes by:
9/26/2017
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 38,653
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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You may also be offered a phone call, but those don’t come from me and are offered by JustAnswer. If you have requested a phone call with an attorney, your request will post to other experts that do offer this service. When another attorney accepts your request you will get additional instructions.

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Does the RO prohibit her from making any disparaging comments about you or just from contacting you directly or through 3rd parties?

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Have you considered suing her for harassment and private nuisance?

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What is your legal question I can help with tonight?

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thanks

Barrister

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Customer reply replied 1 month ago
A protection order is supposed to prevent her from harassment intimidation attack strikes stop threatening assault hit abuse distroy personal property of or disturb the peace of the person contact either directly or indirectly in anywayand not block the legal driveway easement.I would like to sue her under the harassment nuisance but also under contractial interference and now slander!
Customer reply replied 1 month ago
How do I do that?
Customer reply replied 1 month ago
I went to that self-help center at the courthouse but they said they don't deal with these types of issues and I would have to hire a private attorney. I cannot afford a private attorney at this time. This woman is a bully and will stop at nothing to prevent me from accessing my property.

Ok, then I would opine that she is in violation by engaging in harassment through her online approach and the comments she is posting.. So I would suggest following up directly with the DA to file a private criminal complaint and see if they would follow up on it. Sheriffs can be a bit lazy sometimes and try to get out of the paperwork of a legitimate complaint like this..

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As for legal action, if the person is engaging in this type behavior simply to annoy and disturb you, you could file criminal and civil charges for harassment.

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CA Civil Code 527.6 defines harassment as:

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3) “Harassment” is unlawful violence, a credible threat of violence, or a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, or harasses the person, and that serves no legitimate purpose. The course of conduct must be that which would cause a reasonable person to suffer substantial emotional distress, and must actually cause substantial emotional distress to the petitioner.

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The Modern Penal Code section 250.4(MPC) defines harassment as a petty misdemeanor if with purpose is to harass another, he: 1) makes a phone call without a legitimate purpose; or 2) insults, taunts or challenges another in a manner likely to provoke violent or disorderly response; or 3) calls at inconvenient hours or in offensive language; or 4) subjects another to offensive touching; or 5) engages in any other course of alarming conduct serving no legitimate purpose of the actor.

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Under the United States Code Title 18 Subsection 1514(c)1. Harassment is defined as "a course of conduct directed at a specific person that causes substantial emotional distress in such a person and serves no legitimate purpose".

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Put simply, anything that people do for no good reason or lawful reason or purpose and they know it distresses you is harassment.

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You could file a civil harassment suit against the person and be awarded monetary damages and injunctive action if you can show proof she is harassing you with her actions.

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But this is something that you would need an attorney to pursue as this is a little more complex than the typical small claims court case.. You could contact the local Legal Aid office to see if they could help represent you or refer you to a low cost or pro bono attorney who could assist.

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thanks

Barrister

Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 38,653
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified
Barrister and 87 other Real Estate Law Specialists are ready to help you
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Customer reply replied 1 month ago
Today, I was served with a restraining order against my neighbor, based on perjury in her declaration and incorrect information regarding use of "HER PROPERTY", meaning the legal driveway easement and the bare land neighbor we share the legal driveway easement with. In the order I requested for the stay away portion, the judge decided that it was impractical to order a distance since our properties adjoin one another and we share a legal driveway easement. In the order I received today, the stay away is 100 yards, which means that I cannot even access my property to obey the order!!!
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Barrister
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 38,653
38,653 Satisfied Customers
Experience: 17 years real estate, Realtor. Landlord 26 years

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