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  1. #1
    bograt is offline Junior Member
    Join Date
    Dec 2004

    Just noise or harassment?

    About two years ago, we had some less than pleasant neighbors move in directly across the street. During their first week of residency, they had music from a car stereo so loud that it was making things vibrate inside our home. My husband went over and politely asked if they could turn it down. The response was that they could do what they wanted and they liked the volume where it was. My husband said, "Okay" and promptly called the police. They arrived pretty quickly which tells us that we weren't the only ones to call. The police have actually been there to hear the noise at least twice and have told us to keep calling so that they could eventually (in their words, "when we get tired of coming here") cite these people. Lately, our neighbors have started blasting us with noise in short intervals, especially if they see we are at home. This noise comes from car stereos. These people are not even listening to anything until they see us out in our yard. Last night, my husband and I were both awakened by a 15 min. blast from a car at their house. The police were called, but after waiting up an hour to talk to them, my husband had to get back to sleep. He called to ask the police not to contact him when they finally arrived and the call was completely cancelled. I have spoken to the police and they say they can't do anything (they are very busy with more important things and we understand that. They suggested an 'injunction'. What does this entail and what would it accomplish? We are currently spending most of our time and money getting our house ready to sell...we know we have to move but it may take a year or so seeing as we do most of the work ourselves. Any suggestions would be greatly appreciated.

  2. #2
    seniorjudge Guest
    Quote Originally Posted by bograt
    They suggested an 'injunction'. What does this entail and what would it accomplish?

    This entails lots of money and time to get a court order to tell someone not to do something. If the person who is ordered not to do something does the something, then you spend more time and money hauling them back into court to prove that they violated the first order.

  3. #3
    JETX is offline Senior Member
    Join Date
    Jun 2000
    Somnambulist University
    Quote Originally Posted by bograt
    They suggested an 'injunction'. What does this entail and what would it accomplish?
    n. a writ (order) issued by a court ordering someone to do something or prohibiting some act after a court hearing. The procedure is for someone who has been or is in danger of being harmed, or needs some help (relief) or his/her attorney, to a) petition for the injunction to protect his/her rights; to b) get an "order to show cause" from the judge telling the other party to show why the injunction should not be issued; c) serve (personally delivered) the order to show cause on the party whom he/she wishes to have ordered to act or be restrained ("enjoined"); partake in a hearing in which both sides attempt to convince the judge why the injunction should or should not be granted. If there is danger of immediate irreparable harm at the time the petition is filed, a judge may issue a temporary injunction which goes into effect upon it being served (deliver or have delivered) to the other party. This temporary injunction will stay in force until the hearing or sometimes until the outcome of a lawsuit is decided in which an injunction is one of the parts of the plaintiff's demands (in the "prayer"). A final and continuing injunction is called a permanent injunction. Examples of injunctions include prohibitions against cutting trees, creating nuisances, polluting a stream, picketing which goes beyond the bounds of free speech and assembly, or removing funds from a bank account pending determination of ownership.

  4. #4
    seniorjudge Guest
    I am forced to tell a war story.

    Once I issued a restraining order (kind of like an injunction) against a fellow who was stalking a woman.

    She (literally) held up the piece of paper and asked, "Will this stop him from killing me?"

    "Ma'am, that is a piece of paper," I replied. "What do you think?"

  5. #5
    PONeighbor is offline Junior Member
    Join Date
    Dec 2004

    Angry get evidence.

    Just get a video camera, a tape deck, or anything like that and get all this on tape. When you feel you have enough evidence, file charges against your 'neighbors' for creating a situation where you are unable to reasonably enjoy your property. It's not fun or nice, but neither are they.

  6. #6
    Krohn1912 is offline Junior Member
    Join Date
    Jan 2005
    By the sea, by the deep, deep blue sea.

    Noise or harassment...Neighbors blasting music

    Aw, don't get bent, you got this one easier than you think. Go to someplace like Sam's Wholesale or price Internet cameras/monitors. Not expensive at all. Place one outdoor or even an inside monitor in your window (you can crack the window if it's on the inside)...run it to your TV and watch them all day, hook it up to a VCR while you're at it. Run it 24/7. Go buy a case of $1 videos at the local Dollar Store. You won't have to pull each tape and actually view/watch it unless you've got a little malicious behavior going on...and then you got 'em. File on 'em. I wouldn't even let the cops do it for me, I'd go file on them myself and let them wonder what I had. Imagine their surprise.

    If you want to get really nasty...once you get a criminal conviction...get a civil atty to take a civil action against them. You'll catch 'em, trust me.

    (I paid a friend $200 to run the wire down through my walls up into my attic...monitors in every window in the house. It was a hoot. I could tell you which dog dug which rose bush...

    An extra benefit...actually sit down and watch a full tape or two...you learn the habits of your neighborhood...who belongs and who does not. You see people taking their daily walks...people that don't belong - riding around on bicycles snooping at 2-3AM...it's interesting to say the least. I caught two old ladies stealing plants and lawn ornaments...they were reselling them. They spun around, did two flips, and wet themselves when I opened the door at 4AM and asked <<<Can I help you?>>> Didn't prosecute them, didn't have the heart. Too funny.

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