Here's my story - any advice would be greatly appreciated.
I have lived at my current residence for 6 years as well as my neighbor 2 houses down. We were warned about her the day we moved in and have always avoided any contact but up until 2 weeks ago that all changed. This lady has consistently sped through our neighborhood with no regard to children playing nearby. My wife as well as other neighbors would occassionally motion to her to slow down but just ignored. I finally witnessed her careless driving when she almost struck my child. I walked down to her house staying in the road making sure not to go on her property and told her she needed to slow down. We ended up getting in a hollering match (no threats). She told me that kids belonged on sidewalks not in the road - well our neighborhood doesn't have sidewalks. So I used some choice words and that was it. Later that day (6 hrs) a knock on my door & there was the police. She said she was in fear of her life. I explained the situation to the police and there was nothing they could do since a moving violation has to be witnessed by the police. A few days later in the evening, I am at the end of my driveway on my motorcycle waiting to pull out as a car is approaching & it was her she nearly hit me. So I walked down rapidly this time b/c this is the 2nd time in less than a week & I feel she did it just b/c she knows she can now and I tell her again that she needs to slow down, etc. This time I call the police to report (as well as she did). Same story, they can't do anything unless they witness it or I have a mark on me. 2 days later, I am served with injunction papers for repeat violence with a court date to determine if it is warranted. Court day - I bring 4 witnesses, 12 written testimonies, police reports from both incidents proving she lied on her injunction paperwork, speeding ticket info I found online where she received 2 recent speeding tickets within a day of each other (proving she has no regard for the law) and the judge doesn't want to see any of it. She got all the time in the world to state her side, then when it came to my turn I got to explain the first incident & he was ready to make a ruling. I asked the judge if I could finish my side of the story and he immediatley got an attitude and said I was going to dismiss this but I think you are argumentative & confrontational and issued a 90 day injunction only b/c I asked to finish. He stated in court he could not control my freedom of speech & that he could not control her speeding. So how can he then go & grant this without any wrongdoing just b/c I asked to take up a lil bit more of his time? I am in the public safety field & fear this will not be over come my 90 days. She will either make more false allegations of violating the injunction or request an extension before it expires. Since we live w/in less than 500 feet of each other I am not allowed to go past my property line towards her house. Is there a way to appeal an injunction? Do I have sufficient info to file a claim against the judge? What should I do, other than avoid this lady at all means?
Restraining Order Blog is not meant to harass, directly or indirectly contact, harm, imtimidate, bring any emotional distress, stalk or cyberstalk, nor intentionally slander or damage any individual in any way.
Nor is it intended to initiate any third party contact on behalf of any poster or author, or violate a current restraining order in any way. If you feel there is anything on our Restraining Order Blog that is slanderous, untrue, or illegal, please bring it to our attention. Our Restraining Order Blog Legal Staff will examine your request promptly, and any post you find offensive will be reviewed and possibly removed in a timely mannner
Subscribe to:
Post Comments (Atom)
LOL, I was talking with my 40 year old Son last week about the abuse of restraining orders and orders of protection, and he said "Dad, ...
-
Don't let them get away with Lying under Oath. Don't just "sit back, and take your medicine". Fight Back! When all els...
-
Restraining Order Blog gets a number of questions from readers. Here is a restraining order violation question we just received. Courts...
-
How to Beat a False Restraining Order Author: Drew P. Spaeth In today's political climate, divorce has become a cottage industry &...
Welcome to America 2010 Chuck!
ReplyDeleteYou should name the Judge by NAME, and let the Taxpayers know about him!
You got screwed Chuck, by the Judge granting the injunction.
Now, this woman has great power over you, our screwed up laws have seen to that!
She has the Law on HER side now, since she knew how to play the game.
ALL she has to do is SAY she saw you "harassing her" and you will go to Jail!
Most Judges will always grant injunctions.
Here is why.
If the deny the injunction, and she gets hurt, their political career is over!
If they grant it, and you hurt her, they have covered their azz.
IMHO, the judge used your "combativness" as an excuse to cover his pompous azz.
An appeal of the ruling will cost a fortune Chuck.
My advice is to just stay the heck away from her, and account for your EVERY move for the next 90 days!
I would make a NEW Post on this blog chuck, and aim it right at the judge or law enforcement officers who screwed you.
Let the taxpayers of your county KNOW what kind of crap is going down ?
If you do a search on Google for Hillsborough County States Attorney, you will see this blog at the number 3 or 4 search result!
I have become pretty good at search engine optimization, LOL
Before you post the info about how the judge screwed you, email it to me ?
I will re write it to make SURE it shows up in a Google search.
Do NOT let any public official screw you over Chuck.
Our founding fathers ensured we would have freedom of speech, for situations exactly like this.
Hi
ReplyDeleteI am having trouble figuring out this web site and how to post/comment/blog/email. I attempted to email the commenter but was unsuccessful. I, too, have a very difficult situation where an order was granted without any ability to defend against it. I am looking for some help but am at a loss.
I am having the same issue as CHUCK! Except, my neighbor lives directly across the street from me and he has an injunction on my husband. Basically, I have lived here for 6 years and watched this neighbor bully everyone on the block. He tells you when to mow your lawn, where to keep your pets. He's a real ass. One day he got mad at me for feeding my cat in my front yard. (I rescued some puppies for my neighbor and had to relocate my cat to the front) When I refused to stop feeding my cat and he couldn't get any of the five county agencies he complained to to do anything, he began surveilling my home. Conveniently this guy is also the 30 year head investigator for the Public Defender's office. SO he sits in front of my home with cameras and recorders and admits it on his court papers requesting a repeat violence injunction against my husband and myself. He filed the request for injunction after my husband went out one morning and told him to leave us alone while he was sitting in front of our driveway taking pictures! The sheriff refused to do anything about my husband yelling at him but in January Judge Bergosh in Santa Rosa County Florida went ahead and granted this guys request. Making the injunction against my husband permanent. Unfortunately, we were unable to retain a lawyer and our neighbor used the Public Defender he works for, Tony Henderson to represent him in the matter. They even used the address for the Public Defender's office on court papers. Now here we are three months later and the same neighbor has now tried to have my husband arrested for checking on a different neighbor after he had his water turned off and wrecked his truck. The man is literally trying to make my husband a prisoner in his own home or put my husband in jail. I finally agreed to use my 77 year old mom's only retirement money to try to retain an attorney but both attorney's I have spoken with say, there's nothing we can do. They say it is illegal for my husband to visit our neighbor's and we can not appeal this injunction now. In the meantime, this ass is back out taking pictures of us daily. The stress is so bad I have had to be placed on Xanax to sleep. Is there any justice available for us?
ReplyDeleteUnder the current restraining order laws, whoever gets one first is in the drivers seat. Once one is in place, there is little you can do, but stay away from that person, and hope like hell they do not lie, and get a cop to believe them, or you will go to jail.
ReplyDeleteI live in Denton Texas and have a horrible neighbor. Since the first day we purchased our home we have had nothing bur problems with this neighbor. We’ve liked in our home for 9 years but this has been the worst. The neighbor actually has cameras and points them at our home. He watches every move we make, who comes, and who leaves. My husband was on disability, home health and now hospice. He writes down license plate numbers, video records staff coming and going and has actually chased them down the street and asked them what is going on in our home. The police department does nothing and states he is within his rights. I’m exhausted and need resolution. Does anyone know what else we can do?
ReplyDeleteGet camera's set up and get documentation of his acts of harassment. The police is wrong and you will either need to move or speak up and ask to file complaints against officers who do not want to do their job and that's to treat everyone equally and protect all citizens equally. You will need to document the complaints, write the complaint yourself and insist that you receive documentation. You will likely be targeted and harassed by the police department but that's basically how you will be treated. You will need to visit your mayor, governor and contact the attorney general. You'll need to do alot of work but if you want it to all to end...you will have to move. You have a right to the enjoyment of your property and you must convey to the judge when filing a restraining order that this individual is purposefully out to harass you and calmly but with courage give all the facts. Insist to be heard and you have the right to question him, his witnesses and exersize subpeona powers. Ask God for help...it helps me to recite the Fathers Prayer and the Rosary so that I can keep a cool head.
ReplyDeleteI've owned my home for 12 years now. Two years ago, my neighbor decided to sell his home to a man who fixed the house up, THEN he started renting it out to the craziest people I've ever seen in my life. The woman is 73, she has her 45 year old son living with her, and her 19 year old neice. Everytime my two boys go out to play on their basketball goal, THE MAN over there starts cursing at my children, calling them names and such. THEN one day ANOTHER son of the womans went to stay with her, and HE came on my property and shot my 7 year old with a BB gun from 2 ft. away, I called the cops, all the cops said was for us to stay away from each other. Well NOW, EVERYDAY that man bothers my kids, and me while my husband is at work. Everytime me and my boys get in the car to go somewhere, he gets behind me honking his horn, yelling at me, calling me and my family names. We've tried to reach the owner of the home to tell him about his renters over there but have not been able to make contact. NOW I'm ready to file some sort of restraining order, but I'm afraid to do that because these people seem to be able to get away with everything, and i'm afraid it'll just cause more trouble for me and my kids. The laws in Tennessee are very different than other neighboring states and the judges up here LOVE to make fools out of the ones' who are doing the complaining. YESTERDAY, the man pointed a pistol at my son, I called the cops, the man denied it, and the cops left. This is getting crazy. We keep to ourselves, mind our own business, and NEVER intentionally try to bother anybody. I wish I could get a hold of their landlord, but I've given up trying. So my question to you is this - is there any kind of restraining order I can get on this guy? He only lives about 70 ft. from my property and LOVES to sit on his porch recording me and my boys everytime we're outside IN OUR YARD shooting hoops or throwing the football, and while he's recording, he's hollering derogatory remarks at me and my boys. He called me an anorexic slut, then my oldest son (12 years old) got into a screaming match with him. THEN HE CALLED THE COPS ON US while we were throwing the football to each other. The cops come rolling up, I told them what happened, I even said the man has video of it and to ask him to see it so they would know WHO REALLY started all this nonsense, AND AGAIN, the man said he wasn't video taping anything (of course he did, he KNEW he'd be the one in trouble if they saw it). I just don't know why he's recording things that are actually going to get HIM in trouble. It don't make sense, unless he's planning on editing his part out of it. I don't know what he's up to, but I feel threatened now, the cops do NOTHING so I'm really not sure a judge would either.
ReplyDeleteOMG! I HAVE A CRAZY NEIGHBOR TOO. SHE HAS FALSELY CALLED CPS ON ME & MY HUSBAND, CALLED ANIMAL CONTROL ON MY DOGS THAT ARE ALWAYS BEHIND THE BACKYARD FENCE, CALLED THE POLICE ON A FRIENDS CAR THAT WAS VISITING, SAYING HE IS LIVING IN HIS CAR, HAS SNUCK AROUND BEHIND OTHER NEIGHBOR'S HOMES STEALING TRASH AND HAS LET OUR DOGS OFF THEIR LEASHES AND THEY TAKE OFF, GETTING ANIMAL CONTROL CALLED ON US AGAIN. SO MANY INCIDENTS AND WE ARE GOING TO FILE HARRASSMENT CHARGES AND A RESTRAINING ORDER. GOOD LUCK TO YOU AND US!
ReplyDeleteWe have neighbors that taunt and make comment all day and night long. There on both sides and across the street. On left side he has a protection order against my husband. It doesn't stop him from taunting. I have video, pictures documents sienc jun. The police have been here everyday or every othere. Any advice for court tomorrow
ReplyDelete
ReplyDelete2) This last week my 8 month old Maine Coon accidentally somehow felt down from our third floor balcony to her patio. He somehow opened the screen-door and sneaked out. This one cat breed is extremely smart. We heard loud noise and i ran to the balcony to check what happened. I then saw my cat there scared and not knowing where to go. I panicked and ran downstairs to ask her if i can get my cat who just felt down. (Last thing i wanted is to talk to her). Right by the time i got out off the elevator she puts note on her door "Do not disturb" and slams the door on me and locks it. I knocked on her door for a little bit, but she refused to help me getting my cat. I then ran outside the building to the association rec-room property to see if I can get him from there. by the time i got there i see trough her wooden gate that she abuses my cat trying to get him out of her backyard, kicking him with the broom, screaming at him to get out and scaring him even more. I start screaming not to touch him, he is already scared and I need to take him somehow. I was asking her loud at that point to stop kicking my cat. That is animal abuse! This was crazy seeing her doing that and not letting me in, to get my cat. The wooden gate separates her property from the association. On top of her wooden gate is a barb wire randomly folded. I then tried to put that sharp barb wire aside to get in there and take my cat since that was the only way to get him out of her backyard as she start calling me names and saying i cant touch her wires. Its ok to abuse my can but not ok to touch her wires? Then she cold the police on me saying that i am vandalizing her property?! While she was on the phone from the other side my husband came and jumped into her backyard and go the cat who was already scared and freaked out , otherwise she would make him run to the street and get hit by a car. All this was very stressful. My Husband then carefully handed me the cat over the barb wires she had there rolled on top of her gate. My neighbor from the third floor saw all what was going on and how she acted with the innocent animal and not letting me take him from her backyard, and will go to court as a whiteness. However Police came and arrested me not even wanted to hear what really happened and why i was there.. it was absolutely ridiculous :( held me for half day in the station...
The only reason i was there by her gate is to rescue my cat who felt and then was abused by her. They hear her saying I am vandalizing her property and that was all she saying and it's not true! I was not even on her property, I was standing on association side. I took all the pictures of her property and outside place that day to show the proof at the court that there was no damage to her place. In the meantime later my neighbor from the third floor comes down and cuts the barb wires that was causing the danger to kids and the animals. So there is no way i could even try to remove that sharp barb wires with bare hands. Now she is trying to get a restraining order against me cause she knows she's wrong and I assume she's scared. She did that to my other neighbor in the building after harassing her and walking into her house unexpectedly and constantly acting like she owns the building, she was warned few time not to walk-into like this, ...she took restraining order against them. She is crazy and she is definitely has no life but being pathetic human being watching and monitoring everyone's else lives. All i have is the court date, pictures of her property that was not vandalized and the whiteness and my husband to come with me to proof the reason we were all there for.... Now i am getting the restraining order on her to keep her away. We are thinking about moving to the house anyways...
1) Hi, here is my story, I wonder if you can give some advise on this situation that never in my life happened before.
ReplyDeleteI am Katrina, I have one crazy neighbor about 65 years old or older?,, its hard to tell she dies her hair red wears contacts, has long acrylic nails, wears very short skirts shorts and always on the hills!! she lives on the first floor, two floors down. She is very old!
When we bought our place 12 years ago. She lives on the first floor below us 2 floors down, we had to fix the floor paint walls, fix the place, she then would dress up loud and come to our workers telling them how to do their job, she would bring stress and unpleasant situation always. We had lots of man workers, she would come and tell us or my mother some nonsense things. And we would ask her to leave us alone and so we are trying to finish the contraction fast. We never called police on her.. we tried to work it out, She is a cucu person we live in one building, we will try to ignore it, police is not necessary.
Living in this building we start noticing another thing, is that she receiving a lot of men coming to her unit constantly. We realized and heard from other neighbors rumors about her. This is a condominium and we are all homeowners, some have kinds! and she is on the board!! How crazy is that?! Anyhow, long story short, this is what happened recently:
I have a neighbor from hell too. She parties loudly and disrespectfully. She has threatned me several times has called the police and has made false reports againts me. She argues in her home excruciatingly loud and she make a lot of loud noise and beats on the walls. Calls the police and tells them that i am just a little lying bitch and that i am beating on my walls. Not true. She has already jumped me in a fight with the neighbor across the street so she says to me all the time for no reason but fuck her because i am going to get a restraining order on her as soon as possible. The police is always being called for no reason and the land lord wont seriously talk to her about the outburst and stuff so .she i the #1neighbor from hell at 1218 Telemachus street.new orleans la.70125. I have tried to get along with her and her attitude stinks.
ReplyDeleteWelp, I too have a crazy neighbor! When my husband and i moved here 3 years ago i was outside shoveling the driveway and he comes over and says i can't sit here and watched a women doing this by herself he then proseeds to tell me all kinds of crazy things like he is in AA and that their are 2 teen age girls claiming he has messed with them. Um, what did u just say? I have a 2 year old daughter and was so scared so i looked him up and didnt see anything about a pedifil so i still tried to keep my distance. He would come by when he seen me oitside drinking my morning coffee and sit there and talk until i said i had to go in. He is i think in his 40's and still lives with his parents and i began to notice he isn't all there so i felt sorry for him. Well that was until he began to say stuff like u need to leave ur husband and weird things like i had ur husbands head in the sight of my gun! 😮 I told him that was crazy and asked why? he said he was trying to sight his gun. Um, why didn't u sight it at a tree or even a squral?! Not my husbands head!I told him i was happy in my marriage and i would never leave my husband and besides i only seen him as a friend. His mom asked me one day if i could take him to a doctors appt so i agreed. He got all his teeth pulled out.(or at least the ones he had left) He asked me if i wanted pills and i refused and told my husband everything. My husband works a lot so hes never home, but told me to stay away from him. His mother asked if i would take him to his next appt and i told her i couldnt and that her son was on drugs and told him to not come back! That made him mad so he has been trying to start all kinds of trouble and told the cops i was in his mailbox and i had mail sent to their house witch is all lies. Im really scared this guy is going to break in my house while my husband isnt here and hurt me. What should i do? I live in PA
ReplyDeleteWelp, I too have a crazy neighbor! When my husband and i moved here 3 years ago i was outside shoveling the driveway and he comes over and says i can't sit here and watched a women doing this by herself he then proseeds to tell me all kinds of crazy things like he is in AA and that their are 2 teen age girls claiming he has messed with them. Um, what did u just say? I have a 2 year old daughter and was so scared so i looked him up and didnt see anything about a pedifil so i still tried to keep my distance. He would come by when he seen me oitside drinking my morning coffee and sit there and talk until i said i had to go in. He is i think in his 40's and still lives with his parents and i began to notice he isn't all there so i felt sorry for him. Well that was until he began to say stuff like u need to leave ur husband and weird things like i had ur husbands head in the sight of my gun! 😮 I told him that was crazy and asked why? he said he was trying to sight his gun. Um, why didn't u sight it at a tree or even a squral?! Not my husbands head!I told him i was happy in my marriage and i would never leave my husband and besides i only seen him as a friend. His mom asked me one day if i could take him to a doctors appt so i agreed. He got all his teeth pulled out.(or at least the ones he had left) He asked me if i wanted pills and i refused and told my husband everything. My husband works a lot so hes never home, but told me to stay away from him. His mother asked if i would take him to his next appt and i told her i couldnt and that her son was on drugs and told him to not come back! That made him mad so he has been trying to start all kinds of trouble and told the cops i was in his mailbox and i had mail sent to their house witch is all lies. Im really scared this guy is going to break in my house while my husband isnt here and hurt me. What should i do? I live in PA
ReplyDeleteI AM FROM SRI LANKA AND I MOVED TO A GOOD SCHEME IN JAELA BUT A LADY IN THE NEIGHBORHOOD SPOILT MY HAPPINESS BECAUSE SHE WAS OVERLY SUSPICIOUS ABOUT ME AND SHE CALLED ME "PISSU PISSU" MEANING MAD MAD WHEN I WAS LOOKING AT THE ROAD FROM BEHOND MY OWN GATE WITHIN MY PREMISES.SHE WAS ON A BYCICLE AT THAT TIME AND SHE WAS LOOKING AT MY GATE AND WHAT I WAS DOING.I CALLED THE POLICE TO JUST WARN HER UT SHE HER HUSBAND AND AN AUNT LODGED A COMPLAINT ABOUT ME IN WRITING AT THE POLICE STATION STATING THAT I AM LOOKING FROM UNDER MY GATE.THE UNDER OF MY GATE IS SIMPLY IMPOSSIBLE AND THE FACT THAT THEY DID NOT APOLOGIZE TO ME HAS CAUSED ME SERIOUS DISCOMFORT AND UNTIL NOW THOUGH I SOMETIMES SMILE AT HER I AM VERY MUCH HURT AT THE FACT THAT A FALSE COMPLAINT WAS MADE OUT AGAINST ME WHEN I HAVE DONE NOTHING TO THEM.I KEEP THINKING OF THIS INCIDENT EVERY DAY.THIS OCCURED ON THE 30TH OF APRIL 2015 AND FROM THAT DAY THOUGH THERE WAS A POLICE SETTLEMENT THE HUSBAND AND OTHER FAMILY MEMBERS DO NOT SPEAK A WORD TO ME SPECIFICALLY WHEN THEY WERE IN THE WRONG.I GUESS IF ANYTHING WERE TO HAPPEN TO ME THEY WILL NEVER EVER HELP ME.I LIVE ALONE.
ReplyDeleteFreaks in Da Hood... funny blog. http://freakyhood.blogspot.com/
ReplyDeletei just want to share my drama at my complex. I lived here for 10 years, my next door the girl was 13 years old at the time we moved in. 4 years later a man in his 60's moved in below my apartment, he was very charismatic, sexual comments to teens around our complex, and even tried to my daughter who was 19 yrs old at the time. I told the old man fuck off and dont talk to my daughter. Fastforward, the 13 years old girl, at 16 end up getting pregnant from the old man. I walked around with blind eye, that could have been my daughter. So this old man, still lives under me and the girl next door to me lives with her dad and siblings. the old man, fired his gun a year ago he thought someone was breaking in, i called cops and he was arrested and guns were cofiscated. the girl was cussing me out for reporting him, and things just got ugly between us i called her names,she dumb girl i even wrote her letter explaining its not about you. its about you pedophile boyfriend. So then she filed for restraining order and i was awarded because of my letter was threat, judge didnt care that this man has criminal case and pregnanted the minor. I even had the District atorney to explain the old man case. But judge didnt care what was the reason of the event. I will be moving out of my complex. I feel sick everytime i go home and i see them 70 yrs old man with 21yrs old and 4 year old girl, calling him daddy. They lied in court saying that his the god father and judge believed them..
ReplyDelete