What is the name of your state? California / El Dorado County
Hello! my first post here was made in the wrong forum.. so I'll try to recap and catch up what has happened since.
first off, I live in the country. I had some people buying and building on the property next door. for over 8 months we dealt with their dog (and later DOGS) coming onto our property, as well as another neighbors dogs. we finally had to do something about it, just 'asking' them to take care of it wasn't working, our 3 girls were getting harassed by the dogs and our cats were being attacked by them.
after calling Animal Control, one neighbor took care of their dogs, the new neighbors didn't. at that time, my husband and I went to talk with them prior to doing a 2nd party citation and taking them to civil court. we knew they just didn't understand that we needed the dog problem to end. when we went to talk to them, we were verbally assaulted. we called the sheriffs and animal control finally got the dog problem taken care of.
about 3-4 weeks went by, no problems.. until the 'defendant' got drunk while camping out on the property (more foul language/guns being shot) and my husband asked them to keep the noise down.. the defendant threatened to come and "take care of him (my husband) once and for all" he was mad that we had called the sheriff's the first time. we called the sheriffs.. who came out to talk with him about the noise, and ended up arresting him for public intoxication and then resisting arrest. we filed for and got the TRO.
we had our hearing on Tuesday to get the permanent restraining order. we were asking for 300 yards, and for this man NOT to be allowed to move into this new residence (which is is MOM'S house.. NOT his!) and we were also asking for our costs to be paid by him. we have over $1000 in added security and in 'fee's' for reports/process serving etc..
the judge granted a 50 yard restraining order, and NO costs. I have since received this mans criminal records from Sac. Superior court.. and found out he has had NUMEROUS arrests for battery on a peace officer.. for drunk driving and even grand theft.. we provided CLEAR and CONVINCING EVIDENCE that this man has intimidated us and we are living in fear. we have 3 young girls and I am a stay at home mom.. this man is a huge threat to us.
what my question is.. where can I go from here. I want this man to "pay" for what he has done to us. he hadn't even moved into the residence before he caused problems with us... (and blamed US for harassing him.. as if it's a crime that we don't want his dogs on our property) we are now trying to find out if we can financially afford to move. housing in this area has sky rocketed, and it might not be within our means to move? and this is where my husband was born, and I moved to 31 years ago. why is it OK for the defendant to come in and harass us and essentially get away with it.
is there ANYTHING I can do from here? can civil charges be brought against him.. how bout small claims court? I have a letter typed and ready to send out to all my county and state officials asking for help in this matter.. but I don't even know what divisions to send it to.
in the end, we are out over $1000 not to mention the emotional distress this has caused our WHOLE family.. and basically he shows up in court, reading a newspaper and is told just to stay 50 yards from us.. (oh.. but if he needs to work on the property line, that's OK too.. ) then the judge says to us.. "good fences make good neighbors".. that to me was a horrible stab in the back. assuming that a fence can keep this violent man away from our family! yeah.. maybe a HIGH VOLTAGE ONE!
Please.. please.. if anyone can tell me where to go.. what to do.. I want him to suffer at least 1/1000th of what he has made us suffer!
also.. is it illegal for me to tell my neighbors what he has done, and his criminal past? I have one neighbor telling everyone else around here that WE are the cause of all this.. that WE are just making problems for this "nice man".. well.. if he could see this "nice man's" criminal history.. compared to our clean slate.. he might have a different opinion.. or what about slander on this other man.. telling everyone that WE are causing the problems.. I want everyone to know this man is a huge threat to everyone that makes him mad.. even law enforcement..
i hope someone can help!! sorry this is so long, I am just so darn frustrated, and want my life back!
Hello! my first post here was made in the wrong forum.. so I'll try to recap and catch up what has happened since.
first off, I live in the country. I had some people buying and building on the property next door. for over 8 months we dealt with their dog (and later DOGS) coming onto our property, as well as another neighbors dogs. we finally had to do something about it, just 'asking' them to take care of it wasn't working, our 3 girls were getting harassed by the dogs and our cats were being attacked by them.
after calling Animal Control, one neighbor took care of their dogs, the new neighbors didn't. at that time, my husband and I went to talk with them prior to doing a 2nd party citation and taking them to civil court. we knew they just didn't understand that we needed the dog problem to end. when we went to talk to them, we were verbally assaulted. we called the sheriffs and animal control finally got the dog problem taken care of.
about 3-4 weeks went by, no problems.. until the 'defendant' got drunk while camping out on the property (more foul language/guns being shot) and my husband asked them to keep the noise down.. the defendant threatened to come and "take care of him (my husband) once and for all" he was mad that we had called the sheriff's the first time. we called the sheriffs.. who came out to talk with him about the noise, and ended up arresting him for public intoxication and then resisting arrest. we filed for and got the TRO.
we had our hearing on Tuesday to get the permanent restraining order. we were asking for 300 yards, and for this man NOT to be allowed to move into this new residence (which is is MOM'S house.. NOT his!) and we were also asking for our costs to be paid by him. we have over $1000 in added security and in 'fee's' for reports/process serving etc..
the judge granted a 50 yard restraining order, and NO costs. I have since received this mans criminal records from Sac. Superior court.. and found out he has had NUMEROUS arrests for battery on a peace officer.. for drunk driving and even grand theft.. we provided CLEAR and CONVINCING EVIDENCE that this man has intimidated us and we are living in fear. we have 3 young girls and I am a stay at home mom.. this man is a huge threat to us.
what my question is.. where can I go from here. I want this man to "pay" for what he has done to us. he hadn't even moved into the residence before he caused problems with us... (and blamed US for harassing him.. as if it's a crime that we don't want his dogs on our property) we are now trying to find out if we can financially afford to move. housing in this area has sky rocketed, and it might not be within our means to move? and this is where my husband was born, and I moved to 31 years ago. why is it OK for the defendant to come in and harass us and essentially get away with it.
is there ANYTHING I can do from here? can civil charges be brought against him.. how bout small claims court? I have a letter typed and ready to send out to all my county and state officials asking for help in this matter.. but I don't even know what divisions to send it to.
in the end, we are out over $1000 not to mention the emotional distress this has caused our WHOLE family.. and basically he shows up in court, reading a newspaper and is told just to stay 50 yards from us.. (oh.. but if he needs to work on the property line, that's OK too.. ) then the judge says to us.. "good fences make good neighbors".. that to me was a horrible stab in the back. assuming that a fence can keep this violent man away from our family! yeah.. maybe a HIGH VOLTAGE ONE!
Please.. please.. if anyone can tell me where to go.. what to do.. I want him to suffer at least 1/1000th of what he has made us suffer!
also.. is it illegal for me to tell my neighbors what he has done, and his criminal past? I have one neighbor telling everyone else around here that WE are the cause of all this.. that WE are just making problems for this "nice man".. well.. if he could see this "nice man's" criminal history.. compared to our clean slate.. he might have a different opinion.. or what about slander on this other man.. telling everyone that WE are causing the problems.. I want everyone to know this man is a huge threat to everyone that makes him mad.. even law enforcement..
i hope someone can help!! sorry this is so long, I am just so darn frustrated, and want my life back!