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Neighbor files false restraining order

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jhc2

Junior Member
What is the name of your state? California

I've posted regarding this once before. I have a 'stink contest' going on with my neighbor. I believe he is the stinker individual in this contest and I did not pick my battle wisely getting involved but I am now neck-deep in it. He also was the cause, as it started because he and his family can't/wouldn't shut doors or dumpster lids or gates without slamming them (and I mean SLAMMING). And a lot of that occurs under my bedroom when I am asleep and during common-sense hours (ie, late at night, very early in the morning). There are many other annoyances he/they do but that was the start of it and he/they continue the rattling of the cage to this day.

I have lived in apartments for 22 years and have *never* complained about a neighbor before this. I do not believe anyone has ever complained about me before either. I was also a manager for two years in college and never had such problems.

Anyway. I have lived in the building for 10 years. He moved in three years ago. I received a temorpary restraining order this morning. It is nearly 95% lies. We have had words and we have cussed at each other before but that's about the extent of the truth in it. He's a "community service officer" and has actually made bald-faced lies in it. Not a slight shifting of the truth or misunderstanding of words. Complete bald-faced lies where he's fabricated events. I go to court at the end of this month and I am looking for two things from this forum, if anyone can provide them. First and foremost, an attorney to go to court with me, and hopefully one that is exceedingly competent yet financially reasonable. Two, any advice anyone would like to give me.

Thanks for reading through this and any help you can give.
 
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I remember your previous post

I cannot help you with finding an attorney.

I do have some advice. This is strictly my opinion. Move. I don't know of any way that one tenant can have another tenant removed, the landlord would have to get involved. So even if the restraining order thing gets settled what are you left with? Scary neighbors. If I remember your original post it didn't sound like the landlord was too bothered by these tenants.

This is the kind of thing where you make a list of the options, the pros and cons of each and see what comes out the best way to go. Do you just really, really want to live there? EVEN with them as neighbors? (From what you've said it doesn't sound like they're going anywhere.) Do you want to "win"? Do you want a nice, quiet, safe, home you can enjoy? I, personally, feel that life is too short to be subjected to this kind of nonsense. It's totally unfair that you've been there so long minding your own business and now they've come along and messed it all up, but it's happened. I'd find the solution that will stop this mess and take the path of least resistance to make it happen. From everything you've posted, in my opinion, that's moving.

Karla in Amarillo
 

jhc2

Junior Member
*Sigh*

Thanks again. What you say makes complete sense. It's still going to take me some time to find a new place. I will be dealing with him/them for at least a month or two more. I really did enjoy that apartment building before this fellow and his family moved in too. It's still a very nice place ... they're just there making it into a terrible situation.

One of the things that really gets to me too is this person has aspirations of being a police officer. I think he actually was one for a couple months but resigned for some unknown reason. A person who is supposed to uphold the law and be an exemplary citizen is lying through his teeth. I'm not saying I've been angel in all this but I have not made things up about him either. I'm sure he is not a completely "bad" person (or maybe he is) but -to me- this is unsettling to think about.

I can see myself driving down the street sometime in the future when all of a sudden the flashers come on behind me and it's him or some of his police friends. I guess I have a case of the Bobby Fullers right now.

Thanks again. If anyone else out there knows an attorney, by all means, please let me know.
 

fairlight

Member
Sounds like the restraining order is payback. Prove the guy wrong on the restraining order (it would be nice if you had help from others who've had problems with him). Resolve the case, stay away from him and move.
 

ENASNI

Senior Member
fairlight said:
Sounds like the restraining order is payback. Prove the guy wrong on the restraining order (it would be nice if you had help from others who've had problems with him). Resolve the case, stay away from him and move.
Good advice from the fairlight.. it is not landland/tenant at this point . point it toward another forum and carry on... and on toward what end we do not know or do not want to.

fairlight I salute you..


Carry on...
:D
 

south

Senior Member
Go to court act very calm, control what you say, the other guy will speak first so let the other guy rant and rave about you whilst showing his class and DO NOT BITE on anything he says in court no matter how ridiculous or how big a lie it is, he will dig himself a hole.

While he is talking DO NOT, roll eyes, huff, puff, make facial gestures, look at your wife every five seconds in disbelief, no butting in just control your self look ahead and gather your thoughts.


Then calmly state his statements are not true your honor and that you asked him politely many times to refrain from doing certain things that annoy the tenants in the building and to refrain from profanities there are children around but he would always respond with more profanities and aggressive gestures, the last thing you said to him was that if he continues to harass you and annoy people, you will be going to get a restraining order against him, the next thing you know you are being served one from him and its filled with lies.

Let the judge work it out for him self the guy is vindictive and only filed because you mentioned it.

Stay calm and act intelligent in court at ALL TIMES judges are not stupid they can see when someone is simply ranting and raving a bunch of BS.


jhc2 said:
What is the name of your state? California

I've posted regarding this once before. I have a 'stink contest' going on with my neighbor. I believe he is the stinker individual in this contest and I did not pick my battle wisely getting involved but I am now neck-deep in it. He also was the cause, as it started because he and his family can't/wouldn't shut doors or dumpster lids or gates without slamming them (and I mean SLAMMING). And a lot of that occurs under my bedroom when I am asleep and during common-sense hours (ie, late at night, very early in the morning). There are many other annoyances he/they do but that was the start of it and he/they continue the rattling of the cage to this day.

I have lived in apartments for 22 years and have *never* complained about a neighbor before this. I do not believe anyone has ever complained about me before either. I was also a manager for two years in college and never had such problems.

Anyway. I have lived in the building for 10 years. He moved in three years ago. I received a temorpary restraining order this morning. It is nearly 95% lies. We have had words and we have cussed at each other before but that's about the extent of the truth in it. He's a "community service officer" and has actually made bald-faced lies in it. Not a slight shifting of the truth or misunderstanding of words. Complete bald-faced lies where he's fabricated events. I go to court at the end of this month and I am looking for two things from this forum, if anyone can provide them. First and foremost, an attorney to go to court with me, and hopefully one that is exceedingly competent yet financially reasonable. Two, any advice anyone would like to give me.

Thanks for reading through this and any help you can give.
 
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ENASNI

Senior Member
um

south said:
Go to court act very calm, control what you say, the other guy will speak first so let the other guy rant and rave about you whilst showing his class and DO NOT BITE on anything he says in court no matter how ridiculous or how big a lie it is, he will dig himself a hole.

While he is talking DO NOT, roll eyes, huff, puff, make facial gestures, look at your wife every five seconds in disbelief, no butting in just control your self look ahead and gather your thoughts.


Then calmly state his statements are not true your honor and that you asked him politely many times to refrain from doing certain things that annoy the tenants in the building and to refrain from profanities there are children around but he would always respond with more profanities and aggressive gestures, the last thing you said to him was that if he continues to harass you and annoy people, you will be going to get a restraining order against him, the next thing you know you are being served one from him and its filled with lies.

Let the judge work it out for him self the guy is vindictive and only filed because you mentioned it.

Stay calm and act intelligent in court at ALL TIMES judges are not stupid they can see when someone is simply ranting and raving a bunch of BS.
south.. do you miss me? do you need more fiber in you diet? Am I the woman you never wanted to meet? I am in the book lovey.. You are getting to me man. I am not kidding!
 

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