# Legal Question

**URL:** <https://boards.straightdope.com/t/legal-question/630994>\
**Category:** In My Humble Opinion\
**Created:** [August 9, 2012, 7:43pm UTC](https://boards.straightdope.com/t/legal-question/630994 "2012-08-09T19:43:06Z")\
**Posts on this page:** 15\
**Page:** 1

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**Author:** ![HoneyBadgerDC](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/honeybadgerdc/32/1033_2.png) [@HoneyBadgerDC](https://boards.straightdope.com/u/HoneyBadgerDC)\
**Post date:** [August 9, 2012, 7:43pm UTC](https://boards.straightdope.com/t/legal-question/630994/1 "2012-08-09T19:43:06Z")

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I have lived next door to a parnoid schizophrenic for the past 35 years now. The last 20 years he has put our family through hell. In his mind he is retaliating against me for spying on him with xray cameras. He has a large pitbull and routinely throws the feces over his backfence into my yard, ( police say no law against this) He throws rocks and gravel over the fence ( no law again) puts nails under our tires ( we need proof) Recentlt he crossed the line and I am afraid I will do something I might regret, I set my bonsai collection on the side of my house for some sun. Before morning he had uprooted every pot and destryed every plant. His room mate admiited it was him but refuses to testify. Our cars have deep scrathes from sharp objects all over them. Just constant harrassment. I have actualy caught him in the act several times doing minor vandalism, he was greasing up the lock on my back gate, I have caught him throwing roofing nails in my parking spot, and have witnessed to dog poop flying over the fence. Could I have a possible civil law suit here?

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**Author:** ![Munch](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/munch/32/5281_2.png) [@Munch](https://boards.straightdope.com/u/Munch)\
**Post date:** [August 9, 2012, 7:52pm UTC](https://boards.straightdope.com/t/legal-question/630994/2 "2012-08-09T19:52:44Z")

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> [@](#):
>
> police say no law against this

What state do you live in? I find that extremely hard to believe.

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**Author:** ![Joey\_P](https://avatars.discourse-cdn.com/v4/letter/j/919ad9/32.png) [@Joey\_P](https://boards.straightdope.com/u/Joey_P)\
**Post date:** [August 9, 2012, 7:55pm UTC](https://boards.straightdope.com/t/legal-question/630994/3 "2012-08-09T19:55:40Z")

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It seems the first thing you need to do is go to Sam’s Club and pick up a DVR so you can mount a few cameras on the side of your house and start building some sort of case against him. It might also be wise to contact an attorney.  
Also, unless a lawyer says differently, I would call the police each time your DVR picks up an act of vandalism or him putting nails in your driveway.

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**Author:** ![cjepson](https://avatars.discourse-cdn.com/v4/letter/c/a9adbd/32.png) [@cjepson](https://boards.straightdope.com/u/cjepson)\
**Post date:** [August 9, 2012, 8:07pm UTC](https://boards.straightdope.com/t/legal-question/630994/4 "2012-08-09T20:07:09Z")

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> [@Joey\_P](#):
>
> It seems the first thing you need to do is go to Sam’s Club and pick up a DVR so you can mount a few cameras on the side of your house and start building some sort of case against him. It might also be wise to contact an attorney.  
> Also, unless a lawyer says differently, I would call the police each time your DVR picks up an act of vandalism or him putting nails in your driveway.

Kind of unfortunate that what you need to do in order to prove your case against him is to train a camera on him in reality. (I’m not even going to attempt to figure out whether that’s “ironic”. I’ve sworn off using the word “ironic” ever again.)

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**Author:** ![kaylasdad99](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kaylasdad99/32/3398_2.png) [@kaylasdad99](https://boards.straightdope.com/u/kaylasdad99)\
**Post date:** [August 9, 2012, 8:16pm UTC](https://boards.straightdope.com/t/legal-question/630994/5 "2012-08-09T20:16:07Z")

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> [@Joey\_P](#):
>
> It seems the first thing you need to do is go to Sam’s Club and pick up a DVR so you can mount a few cameras on the side of your house and start building some sort of case against him.

Why would he need to do that? OP, just use the xray cameras you’ve already got set up.

Seriously, you should get some evidence, and as much as you possibly can. If you can make a credible case that he poses a physical danger to you (at least) it might be useful in competency proceedings.

And if not, it’s at least ammunition for a civil harassment suit.

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**Author:** ![Joey\_P](https://avatars.discourse-cdn.com/v4/letter/j/919ad9/32.png) [@Joey\_P](https://boards.straightdope.com/u/Joey_P)\
**Post date:** [August 9, 2012, 8:16pm UTC](https://boards.straightdope.com/t/legal-question/630994/6 "2012-08-09T20:16:36Z")

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> [@cjepson](#):
>
> Kind of unfortunate that what you need to do in order to prove your case against him is to train a camera on him in reality. (I’m not even going to attempt to figure out whether that’s “ironic”. I’ve sworn off using the word “ironic” ever again.)

I thought about that. The OP could put a sticker on the camera that says “WARNING: Emits X-Rays” (not really though, that was a joke).  
It sucks that he (the neighbor) has a problem, but that doesn’t mean the OP needs to put up with plugging his tires and repainting his car.

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**Author:** ![HoneyBadgerDC](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/honeybadgerdc/32/1033_2.png) [@HoneyBadgerDC](https://boards.straightdope.com/u/HoneyBadgerDC)\
**Post date:** [August 9, 2012, 8:31pm UTC](https://boards.straightdope.com/t/legal-question/630994/7 "2012-08-09T20:31:24Z")

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I live in Ca. several years ago I got a restraining order against him. His comment to the judge was that I have hi tec equipment that can look right through his walls and see and hear every thing he does. They have been dealing meth out of this house for years and it just baffles me how they con do it so openly and for so long and not get closed down. I have seen the poilce with binocs from 2 blocks away watching the house but nothing ever happens.

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**Author:** ![kaylasdad99](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kaylasdad99/32/3398_2.png) [@kaylasdad99](https://boards.straightdope.com/u/kaylasdad99)\
**Post date:** [August 9, 2012, 8:33pm UTC](https://boards.straightdope.com/t/legal-question/630994/8 "2012-08-09T20:33:42Z")

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You don’t make clear whether you were successful in obtaining the restraining order, or if you were, whether it remains in effect.

Yes? No?

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**Author:** ![HoneyBadgerDC](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/honeybadgerdc/32/1033_2.png) [@HoneyBadgerDC](https://boards.straightdope.com/u/HoneyBadgerDC)\
**Post date:** [August 9, 2012, 9:09pm UTC](https://boards.straightdope.com/t/legal-question/630994/9 "2012-08-09T21:09:00Z")

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The restraining order was for 5 years and has expired now.

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**Author:** ![Blakeyrat](https://avatars.discourse-cdn.com/v4/letter/b/ecd19e/32.png) [@Blakeyrat](https://boards.straightdope.com/u/Blakeyrat)\
**Post date:** [August 9, 2012, 9:42pm UTC](https://boards.straightdope.com/t/legal-question/630994/10 "2012-08-09T21:42:13Z")

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> [@badger5149](#):
>
> The restraining order was for 5 years and has expired now.

To ask a possibly stupid question, why do you still live there?

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**Author:** ![HoneyBadgerDC](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/honeybadgerdc/32/1033_2.png) [@HoneyBadgerDC](https://boards.straightdope.com/u/HoneyBadgerDC)\
**Post date:** [August 9, 2012, 9:48pm UTC](https://boards.straightdope.com/t/legal-question/630994/11 "2012-08-09T21:48:56Z")

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I bought the home in 1976, it would cost me 600,000 to replace it. Nice area, beautiful weather and I hate the idea of some ass hole running me out. I have everything set up the way I like it now and being retired I could not afford to remodel another place.

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**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\
**Post date:** [August 9, 2012, 10:52pm UTC](https://boards.straightdope.com/t/legal-question/630994/12 "2012-08-09T22:52:34Z")

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Maybe it’s just me, but I’d trade in the perfect remodelling job for a house free of dog feces and meth.

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**Author:** ![samclem](https://avatars.discourse-cdn.com/v4/letter/s/a9a28c/32.png) [@samclem](https://boards.straightdope.com/u/samclem)\
**Post date:** [August 9, 2012, 11:02pm UTC](https://boards.straightdope.com/t/legal-question/630994/13 "2012-08-09T23:02:12Z")

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Personal legal questions belong in IMHO, rather than General Questions. Moved.

**samclem** , MOderator

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**Author:** ![UltraVires](https://avatars.discourse-cdn.com/v4/letter/u/ecccb3/32.png) [@UltraVires](https://boards.straightdope.com/u/UltraVires)\
**Post date:** [August 10, 2012, 12:19am UTC](https://boards.straightdope.com/t/legal-question/630994/14 "2012-08-10T00:19:19Z")

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Just off of the top of my head, I would have him served with a “no trespass” notice. Then if he throws feces, rocks, or a piece of paper over your fence, he is guilty of criminal trespass. Without notice, it’s only civil trespass (though I can’t understand why the police wouldn’t use some sort of unlawful disposal of waste, or littering charge…unless they are lazy fucks which wouldn’t surprise me).

IANAL, YMMV, but I would get a lawyer and see about serving him with the notice.

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**Author:** ![j666](https://avatars.discourse-cdn.com/v4/letter/j/9de0a6/32.png) [@j666](https://boards.straightdope.com/u/j666)\
**Post date:** [August 10, 2012, 12:53am UTC](https://boards.straightdope.com/t/legal-question/630994/15 "2012-08-10T00:53:11Z")

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> [@badger5149](#):
>
> … I have seen the poilce with binocs from 2 blocks away watching the house but nothing ever happens.

Hmm. Sounds like he has a relationship with the police.

Did you try the DEA? DEA does not place nice with the locals if they do not want to.

And if he’s really a meth dealer, he’s probably not a paranoid schizophrenic. I believe the term is “tweaking”. I could be wrong.

Oh, if you want to try the Federal route, do not engage before - just keep a low profile.
