Making false calls/slander

[kuma781]

What is the name of your state (only U.S. law)? New Mexico

Hello, I have been having trouble with my neighbors. I found out from another neighbor that the woman next door has been calling the police on me for "loud music". I have even had the police called on me because I had a group of friends outside TALKING. I am reletively new to the neighborhood and think they are really territorial. I even asked the neighbor to let me know if I was too loud. I heard from another neighbor she STILL called the police on me. Recently her brother and another man showed up and assaulted me. I had a really messed up situation, in which one of the assailants was shot on my property. The police deemed it self-defense.
It has been over a month and today I had a few family members, It seemed she tried to call the police on us AGAIN! After being victimized I have to deal with her making false calls! The police did not even bother coming to talk to us, but I have a feeling she will continue to make calls against us. Can I get and injunction against slander?? Should I contact an attorney?What is the name of your state (only U.S. law)?

[quincy]

I suggest you get a copy of the noise ordinance for your area and highlight the portions of the ordinance that are applicable to your situation. Send this highlighted copy of the ordinance to your neighbor, along with a letter stating that you are not violating any noise law, but that you will try to accommodate her wishes as much as possible by keeping even allowable noise to a minimum.

Then advise her that if false complaints to the police continue, you will be forced to seek legal recourse. Intentionally making a knowingly false police report is a misdemeanor in New Mexico (some reports may rise to the level of felony) and can result in jail time and fines.

You may wish to have an attorney draft the letter to your neighbor, as a letter sent from attorney's office tends to have a greater impact on the letter recipient.

There is no slander when it comes to police report complaints. What is reported to the police is considered privileged and protected from defamation suits, this to allow for the free reporting of crimes or suspected crimes without fear of litigation resulting from such reports. What is reported in a complaint is not considered true. What is reported is investigated to determine the truth or falsity.

Although you may wish to speak with an attorney in your area about a civil harassment claim, I am not sure that what you have posted here meets the "severe emotional distress" and "irreparable harm" elements necessary for any restraining order to be issued. A restraining order prohibits behavior before it happens and, because of this, the standards that must be met are high.

If you feel you have good grounds for such an order, you may file an application for a restraining order with your court clerk. There is a filing fee. An attorney in your area can go over all of the facts and give you a better idea if you have enough to support a restraining order against the neighbor.