I need a little legal advice for my scary neighbor situation...

Foinah

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Over the last four years I have been the target of repeated verbal assault and vague threats by my psycho neighbor across the street. Her and her husband have a history of violent domestic fights where alcohol is a determining factor. I witnessed the husband choking her in front of her children, and she ran screaming to my front door and asking for help. I let her in and called 911. I was called to testify in the court case, which she did not show up for, and it was dropped. Her husband returned to the home and immediately began a campaign of intimidation because I was going to testify. The Portland Police reported the choking incident (and had other reports on those guys) to Child Protective Services (who did nothing!). The psycho wife believed that I had reported her, and began verbally assaulting me with vile and obscene names - in front of her children, mind you! - and threatening me every time I stepped out of my house.

I called the police and they said that it was a "freedom of Speech" issue and that the threats were vague. They also told me that they were familiar with my neighbor and had better things to do than get involved in the drama. I told them I felt threatened and unsafe and they finally buckled and told the woman to leave me alone.
My husband and I have adopted a policy of NO CONTACT and have not spoken to the neighbors in 3 years. However, she still occasionally gets drunk and targets me with obscenities.

To make matters worse, on Tuesday her husband came home after a night of drinking and forgot to set his parking brake...His car rolled down his driveway and collided with the front of our Subaru. They removed the vehicle without leaving any kind of note - the other neighbor witnessed the aftermath and collided cars.

The psychos initially agreed to give over their insurance after I spoke with their 18 year old daughter about it, but have since reneged and the wife has escalated her threats and verbal abuse. In front of my daughter, now!

What do I do? I mean besides letting my insurance guy get them! I called the police and they wouldn't take a report because I knew who inflicted the damage to my vehicle. The verbal abuse was again cited as freedom of speech...

At what point does her freedom of vulgarity start to impinge on my own civil rights? I can't leave my house (if she's home) without hearing it, I can't be any place in public where she might show up because of the intimidation...I've been having anxiety attacks at night, I can't sleep...I don't know what to do!
 

Parkinsonsd

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Sue them for intentional infliction of Emotional distress. Depending on your state law, you can probably bring them to court for paying your deductible. If you feel threatened, you can possibly take out a personal protection order. There are a number of things that will be possible to do, maybe you should go talk to an attorney who lives in your jurisdiction if you really feel strongly about it.
 

Foinah

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Yeah...I'm planning on calling my lawyer tomorrow. She assaulted me again today, that's why I posted.
When I've called the police before, she's just lied to them, manipulated everything - because she's been arrested so many times and her husband, too, she knows the talk and can say exactly what the cops need to hear. It makes me sick.

I need to get her on audio tape or video, doing what she does...
 

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Please provide specific examples of the threats and verbal abuse.
 

Foinah

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I wouldn't listen to the cops, I'd get a lawyer to help me out.

I have an ex who just got out of prison and he likes to walk by and wave at me. Of course when he's in a car he likes to tail me and flip me off. I guess it all depends on his mood. I also told my cops and nothing was done. It was just "if he did something, we'll help..." sort of thing.

You might think of selling the house and moving. It's not a great option if you enjoy your neighborhood, but it sounds as if you are not enjoying it and should think of new surroundings.

It's not fair, is it? So frustrating that the local police won't take it seriously sometimes. I don't want to sell my house....I want them to leave ;)
 

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The police have to write up a report about the car. That's ridiculous. The insurance company will want it. It's an accident report.

I'm thinking the police are very weary from this, and that's a big problem you can't do anything about, unfortunately.

I'm not a lawyer, don't even play one on TV, but you can request a restraining order through magistrate court. That will probably cause more problems, though. Probably not worth it.

You can certainly file a small claims against them, for damage to your vehicle and tack on emotional distress from the verbal abuse you've had to endure.

But I've found the best way to deal with nuts is to stay far away from them and not give them anything to get nuttier about. Stay away from scary people. If you can get a recording of her saying something like, "I'll chop you up in little pieces, you ho-bag", then that's terroristic threats and should be brought to the police, in person, to the highest ranking officer you can get your hands on.

Good luck, and be safe and smart.
 

Foinah

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Please provide specific examples of the threats and verbal abuse.

To you, or the police?

She's called me F****ing C***, bitch, whore, but mostly sticks with variations of the "C" word screamed at 300 decibels.

She's said, "I'm gonna get you," "You better watch your back," "I'd watch my car if I were you..." Threatened to call the police about my "drug" habit - which is a laugh. I don't take anything except prenatals...I don't even really drink anymore! I lost my sea legs when I was pregnant and now one glass of wine makes me tipsy. I've never taken drugs, well except the herb twice when I was in college ;) haha.
She hinted that she might call CPS...which would be rather funny in that I used to work for them and have absolutely nothing to hide. My husband and I are model parents.

She's stalked towards me but usually stays on her own property. In public, she mutters filthy names under her breath at me or glares at me from across the room...

A bunch of times we came out to find our tires mysteriously flat...
My carbureutor kept getting wonky and the mechanic said that he'd marked the screws and someone was changing the settings...

I'm thick skinned but after four years it's starting to wear me down....
 

aadams73

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Not that I'm recommending this or anything...

A few gallons of gasoline and a box of matches while they're sleeping ought to make the world a safer place. People like that are just scum and bullies.

(Seriously though, I'm kidding. Call a lawyer.)
 

Silver King

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The next time they threaten you, beat the crap out of them with a baseball bat. Then for good measure, smash their knee caps with a few good whacks.

I promise they'll never bother you again.
 

Andre_Laurent

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Not that I'm recommending this or anything...

A few gallons of gasoline and a box of matches while they're sleeping ought to make the world a safer place. People like that are just scum and bullies.

(Seriously though, I'm kidding. Call a lawyer.)
My first thought was a weapon but I decided not to go that route with my reply. :D
 

writerterri

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Move. Pray that she'll move. Court. A mediation hearing (to work out the differences). Most people like her don't want to do that. If she's being intimidating and you're cowering to her she'll only fell more superior to you and get bolder as time goes on. Stand up to her, give her the hand or something to that effect and keep a diary of what she says and does right in front of her. Tell her you're making notes to turn into the courts.

Sorry, this is happening to you. Mean people suck.
 

Lantern Jack

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Tie her to a chair, put a metal bucket over her head, beat on the bucket with a metal ladle for about 10 minutes.

She'll have permanent tinnitus.

If you're too squeamish to try that one, take a screwdriver, sneak up behind her and stab her in the larnyx. You'll never hear another word, foul or otherwise, out of her again.
 

tourdeforce

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Call for a war council with them.

Then decide if its going to be guns or knives.
 

writerterri

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Tie her to a chair, put a metal bucket over her head, beat on the bucket with a metal ladle for about 10 minutes.

She'll have permanent tinnitus.

If you're too squeamish to try that one, take a screwdriver, sneak up behind her and stab her in the larnyx. You'll never hear another word, foul or otherwise, out of her again.

LanternJacktheripper.
 

Sheryl Nantus

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you may want to consider a restraining order to keep her legally away from you... but definitely get legal advice regarding the situation.

sounds to me like she's just a nasty woman who can't deal with the fact that she can't intimidate you like she can others.. those type tend to really act up when in public!
 

Cath

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Keep records. Dates, times, exactly what happened and what was said. If the police won't respond to that body of information, take it to your local politician with a complaint about the lack of action by the police. Become so bothersome to them that it's more trouble for them not to react than it is for them to deal with your neighbours.

And keep it within the law at all times. Use the correct procedures for complaints. Find out the right names and right contacts. Do this as officially as possible, so they have to take you seriously.
 
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SpookyWriter

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you may want to consider a restraining order to keep her legally away from you... but definitely get legal advice regarding the situation.

sounds to me like she's just a nasty woman who can't deal with the fact that she can't intimidate you like she can others.. those type tend to really act up when in public!
Bingo! Go to the court and obtain an Order of Protection. Claim she threatened you and the judge will issue the order. She will get served and then you have a legal document to have the police arrest her if she comes within say 100 feet or has any contact with you.
 

PattiTheWicked

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Patti Tips for Counseling Neighbors:

Convince your neighbors that you are insane. This is easier than you think:
-Develop unnatural or irrational fears (Recoil and run maniackally at the sight of the garbage truck, make a noise like a car alarm when the postman opens the box, learn some Led Zeppelin songs backwards and sing them all in a faux German accent)

- Dress creatively (Wear a tea cozy to your head and mismatched socks on the outside of your pants when you're cutting the grass, scotch tape pink boas to all your trees, tell them you aren't allowed to answer the door unless you've got your tinfoil underpants on)

- Hang birdfeeders in unlikely places (but never fill them with food as to prevent wildlife from injury - under your car, on your person, paint them with pentacles and demon-like figures and hang them from a balcony, cover a sex toy in peanut butter and birdseed and let it dangle from a low branch)

- Recite mantras in their presence and refuse to offer explanations for them ("Mashed potatoes. Mashed potatoes. Mashed potatoes." When they ask what you're talking about, snarl and hiss.

- Openly discuss local serial killers and how well you admire them with wide-eyed enthusiasm ("Boy, that Gacy sure had the wool over everyone's eyes! Haha! Did you see how he had the crawlspace laid out? I wonder how he ate in the house with all that rot. How do you think it smelled? Pretty bad, huh?")

- Hang skull replicas from your trees. If you do not have trees, the balcony.

- Sign up your neighbor to recieve every bit of junk mail and free brochures/catalogs available. (disclaimer: mail fraud is illegal. Do not do this. It is a very abd thing to do. Especially signing them up for free vacation brochures from every state and Canadian Province. And Japan. And vaccuum cleaners from Sweden. And videotapes of real estate moguls or self-help counselors. And the Jehovah's Witnesses. And Mexican porn. Don't.)

- Decorate the outside of your home with odd items, like Martha Stewart on crack. (Potholders. Make a *wreath* made from crusty old potholders to hang on the front door. On the outside. Scold the neighbors if they comment about it, and note that if it disappears you'll know exactly who to call the police on. It's decorative and in accordance with the season and all that. Glue Peeps along the perimeter of your driveway, and then shout "I am the Queen of the Ant Army! Come to me, my pretties!"

- Develop irrational fears to small insects that you cannot see. ("Mites! Mites! Mites! Aphids! Yaaaaaaaagh!" Spastic-type dances go well with this.)

- Develop faux multiple personalities. (Not intended to offend people that actually *do* suffer from MPD - invent a being who would be to blame for all of the odd occurences that have happened. "Someone glued crusty potholders and a stapler to your dog? Your wife saw me? Oh, that had to have been Jerry. (insert rambling about butterscotch coladas here)")

-Windchimes. Invest in several windchimes and refuse to bring them inside.

-Pinatas. Need I say more?
 

TsukiRyoko

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To add to Patti, go to the store, but 3 cheaps packs of underwear, and tape them all over the house. Put all your dirty dishes on the roof, so that "the gods can bless them clean". Wash your car with barsoap, use a loofa. Tie your car up in yarn and whenever the neighbors come outside, act like you're crocheting it. When your neighbros are insulting you, say, "Hold on a moment, I have to get this call," then take off your shoe and talk into it as animatedly as you can.
 

kdnxdr

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Sorry to hear about your neighbors. I wonder if they are related to my ex-husband and his family. For certain, it sounds like they are from the same genetic pool.

First, go to the courthouse and ask for a protective order. It's free. There will eventually be a court hearing related to the protective order. It's a simple piece of paper you fill out yourself. It doesn't take long. If they violate the protective order, the police HAVE to respond according to the protective order. If they do not, you can file a report with the Prosecuting Attorney's office of your county. Also, the more of a legal paper file you can build, the better. Do NOTHING to provoke, respond or initiate these encounters with your neighbor. Use your protective order exactly as it is drawn up. If you do not, you nullify the order in the court's eyes.

Also, start keeping a BOUND, not spirtal or looseleaf, journal of ALL instances of verbal attacks and anything that seems amiss, such as your car problems, any animals dying, etc. The bound journal is admissable in a court of law as evidence.

If you know there are any patterns or predictable times when someone was most bound to happen, have a friend, spouse, relative stay over and have a camcorder with sound, on hand. My ex usually slit my tires around 2 am. I went through twenty slashed tires the first year I left him.

Also, EVERYTIME there is an incident, go to the police department yourself. Ask to file a police report, yourself. They will give you a form, doesn't take too long to fill it out. Write it out as factual to the event as you can. Simply give it to the police. They will keep the report on file. Tell them you are not filing charges at this time because you don't think it can go successfully through court without sufficient witnesses. Or, that you are in process of retaining a lawyer and you are preparing to file charges. You are not obligated to file charges at the time that you file a police report. This way, you don't have to put up with the polices' attitude when they come out and say they can't do anything. I filled mine no matter the time, day or night. Do it at the time of the incident.

Always remain as insistent about the problem but keep cool and emmotionally under control so that you are not perceived as unstable in any way.

If there should ever be a charge related to those police reports, they will often turn into charges as well.

People like you have described have a long history of problems and move often. If they have become entrenched, it's because people are intimidated by them and allow them to not have to answer for their behavior.

Do any of your other neighbors have any thoughts on the subject? Have you considered forming a neighborhood watch group? These groups are often intimidating to criminals and their activities.

Consider writing a letter to the person in command of the police station. Make certain to carbon copy to that person's supervisor, all the way up to the govenor if need be.

The reason I'm saying all this is that communities need to come together to stand against criminal behavior in their neighborhoods. The police can not always protect you. ALWAYS work within the law. Criminals love using the law against people that try to rout them out.

Something needs to happen to stop this behavior. I suspect the woman and the children are as much a victim as you are, and more so. She has to act a certain way and agree with her abusive, controlling loser of a husband or she will suffer. I feel sorry for her and the children. Especially the children. I hope their kids can get to a safe environment.

Take care.

kid

Also, get a lock for your gas cap and try to find a way to lock your hood.

Also, make a police report everytime you suspect that your property has been vandalized.

One more thing, if you have numerous slashed tires, you might want to consider putting up your good tires and keeping slightly used tires, you can buy from a tire store, on your car. If you go on a long road trip, then put on your good tires.
 
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SpookyWriter

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To add to Patti, go to the store, but 3 cheaps packs of underwear, and tape them all over the house. Put all your dirty dishes on the roof, so that "the gods can bless them clean". Wash your car with barsoap, use a loofa. Tie your car up in yarn and whenever the neighbors come outside, act like you're crocheting it. When your neighbros are insulting you, say, "Hold on a moment, I have to get this call," then take off your shoe and talk into it as animatedly as you can.
Sounds like a story to me.