what kind of lawyer do i need for hostile violent neighbors

by Shanel Romaguera 5 min read

Generally, it would be a good idea to consult and retain an experienced local civil litigationattorney, who can review the situation and send a formal cease and desist notice to the neighbor, basically advising the neighbor to stop any and all contact / communications or to face legal recourse.

You may need: A real estate attorney (property lines disputes) A criminal law attorney (stalking or threats - see below) A general civil claims attorney (small disputes)Apr 30, 2020

Full Answer

What kind of lawyer do I need to sue my Neighbor?

Although many neighbor disputes are minor, if not mildly annoying, any act by you that poses a physical threat or which is repeated and irritating can be considered criminal. You may need a criminal defense lawyer if you are charged with harassment.

What to do if your neighbor is harassing you?

Aug 29, 2012 · (US law and generally) Harassment is a serious issue, and though we might expect it on the street or even at work, it often blindsides us when we are at home. In some cases, the worse harassment comes from your neighbors, and if your neighbors are engaging in harassment directed towards you, your family and your property, you need to take action.. Harassment is …

Is it a criminal offense to harass a neighbor?

Apr 30, 2020 · The type of attorney you need may depend on the specifics of the issue. You may need: A real estate attorney (property lines disputes) A criminal law attorney (stalking or threats - see below) A general civil claims attorney (small disputes) A landlord-tenant law attorney (issues with renters or your landlord) Don't Engage but Document Everything

Is there a law to resolve disputes between neighbors?

Jan 09, 2019 · Your lawyer will help you sort through your documentation and can give you advice as to what you should be doing in terms of future evidence, involving the police, and preparing for court. A good lawyer will also be prepared to argue against any defense your neighbor comes up with, especially if they try to claim freedom of speech.

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What to do if someone touches you?

A log like this can help you establish a pattern of harassing behavior if the matter needs to come to legal issues. You will also find that in some states, recording your conversations with someone else is entirely legal.

Is harassment a serious issue?

(US law and generally) Harassment is a serious issue, and though we might expect it on the street or even at work, it often blindsides us when we are at home. In some cases, the worse harassment comes from your neighbors, and if your neighbors are engaging in harassment directed towards you, your family and your property, ...

How to stop a neighbor from stealing my property?

Speak in court or privately with a judge. Settle the case for money or another resolution that (hopefully) makes your neighbor stop.

Is stalking a civil case?

This is no longer a civil case if you are being threatened or stalked. By law, you have the right to safety in your home. These are criminal charges, and you need a criminal attorney to press charges and get an order for protection. You can also choose to sue for emotional suffering or physical injuries.

Can you take matters into your own hands?

Do not "take matters into your own hands" when you are facing criminal harassment. The harassment charges can become a felony if: They have any prior misdemeanor (less serious crimes) on their record. They are threatening you with violence. Suing them may just be one part of the case if criminal activity is involved.

What happens if you are harassed by police?

If the harassment rises to the level of a crime, the police can either arrest a person on the spot or file a charge with a summons to appear in court. You will testify in court and the judge may issue a fine or punishment, up to and including jail time, if they deem the harassment criminal in nature.

What is noise complaint?

Noise complaints — when your neighbors consistently create noise that is above an acceptable level. Some are careful to stay within legal limits, despite being persistent and harassing. Nuisance complaints — such as if your neighbor refuses to mow their lawn or leaves garbage outside but not in proper receptacles.

What are the types of harassment?

The most common types of harassment include: Animal complaints — these often include issues with noise, smells, not cleaning up fecal matter, violating leash laws, or physical attacks by the animal in question. Noise complaints — when your neighbors consistently create noise that is above an acceptable level.

Can you sue for a restraining order?

You may sue for property damages, damages related to loss of work, or even for a restraining order or injunction. Violating an injunction or restraining order could lead to charges of disorderly conduct and the possibility of jail time. Having a lawyer on your side should you decide to file a harassment suit is optimal.

What to do if your landlord is harassing you?

Here are some things your landlord might do to protect you: Change the locks. Buy vandal-proof letterboxes and fences. Install a security alarm system.

What to do if someone damages your property?

If the person in question damages your property, then you’ll have to take photos. Witnesses. If you have anyone who’s witnessed your neighbor’s harassing behavior, you should have that person confirm your claims against the perpetrator. This can be a family member or, better yet, another neighbor.

Can you rely on DoNotPay to stop neighbor harassment?

If you’re having trouble stopping neighbor harassment, you shouldn’t hesitate to rely on DoNotPay to give you a hand . We understand how upset you must be, so we’ve created an efficient solution that will help you put an end to harassing behavior in just a few steps. Here’s what you should do:

Why is my neighbor loud?

According to a study by BMC Public Health, neighbor noise annoyance can even be associated with various mental and physical health issues. When your neighbor disrupts your comfort by being loud or playing loud music, it’s time to do whatever you can to solve that issue and avoid further complications.

Does harassment count as harassment?

What Doesn’t Count as Neighbor Harassment. While some form of your neighbor’s unpleasant behavior may annoy you, you should know that it may not necessarily count as harassment. For the behavior to be described as harassing, there has to be proof of repeated and intentional wrongdoing.

What is hostile work environment?

In short, a hostile work environment is created when anyone in the workplace engages in a type of harassment that makes it impossible for an employee to perform their job duties. This type of harassment generally includes unwelcome comments or conduct based on race, color, religion, sex (including pregnacy), national origin, age (40 or older), ...

What are compensatory damages?

These damages typically include claims for lost wages, including back pay and benefits, due to the inability to work. In cases where the hostile work environment caused you to lose your job, compensatory damages will be awarded to help put you back in the same place you would have been had you not lost your job.

Do employers have to pay punitive damages?

Additionally, in some rare cases, employers may have to pay punitive damages to the employee, if their employer intentionally engaged in conduct that created a hostile work environment.

Can you sue your employer for harassment?

However, if you are in a situation where you have been subjected to offensive and unwelcome conduct that has affected the terms and conditions of your employment, you may be able to sue your employer for harassment for a hostile work environment.

What to do if neighbors are loud?

Of course, it is always best to try and work out your differences through a polite request or conversation.

What is nuisance lawsuit?

Nuisance: Excessive or disturbing noises may result in a nuisance lawsuit. This is probably the most common type of legal action for noise disturbances . You might succeed on a nuisance claim if the noise continuously interferes with your ability to use or enjoy your own property.

What is neighbor law?

Neighbor law covers the many disputes that may occur between two individuals that live side by side. Of course, there are many sorts of disputes that can, and do, arise.

How to deal with loud neighbors?

Other courses of action to deal with loud neighbors include: 1 Issuing a Stern Warning, 2 Hiring a Mediator, 3 Calling the Police, 4 Involving the HOA, 5 Filing a Lawsuit.

Why do neighbors have fences?

One of the most common neighbor disputes is perhaps property boundary issues. After all, fences exist not only for privacy, but also for the purpose of keeping others (mostly neighbors) out.

What happens if you file a lawsuit on your own?

If you chose to file a lawsuit on your own, you must weight the benefits with the costs. The benefits may be a quiet neighbor, and even some extra cash. On the other hand, the cost of having an angry neighbor. And the costs of filing a lawsuit you may not win, may make the effort more trouble than it’s worth.

What is encroachment in real estate?

Encroachments can include: a fence built on your property, a shed which partially enters your property, or a garden bed which is partly on your land.

What is a nuisance law?

Nuisance laws protect people from activities that interfere with their reasonable use and enjoyment of life or property. As a renter, you are protected by nuisance laws. Depending on the facts of the case and the law where you live, you might be able to file a nuisance lawsuit against both the offensive neighbors and their landlord.

Do tenants have a right to quiet enjoyment?

Many courts have held that tenants have a right to quiet enjoyment even then their lease or rental agreement is silent on the matter. Enlist your landlord’s help in resolving the situation (especially if you’re concerned about approaching the offending neighbor on your own).

Can noisy neighbors be noisy?

Although noisy neighbors are especially annoying when you share walls, they can be a problem even when you rent a single-family home. No matter where you rent, you don’t have to put up with loud music or frequent parties, especially late at night or early in the morning.

Is the internet secure?

The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties. Choosing to rent rather than buy a home doesn’t mean you have to put up with difficult neighbors who interfere with your peace and quiet or other use of the place you call home.

Barking up trouble

The middle-aged couple next door to our client owned five dogs – big dogs – who had the run of the fenced back yard. Apparently these people believed in the value of creating a compost heap, because they never, ever cleaned up after their animals. The smell was, to say the least, pungent.

Getting out of hand

Shortly thereafter, the neighbor started throwing rocks at our client’s home. That was the last straw. He told the neighbor that he was forced to call the police and dialed 911.

Disclosures Required By Law

One question all sellers are required by law to answer on the Real Estate Transfer Disclosure Statement is whether there are any neighborhood noise problems or other nuisances. If the answer is “yes,” the seller must explain that answer in detail.

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