• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

False accusations of STALKING .. next door neighbor seeking Order of Protection

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Guestnumber999

Junior Member
What is the name of your state (only U.S. law)?
INDIANA

I live next-door, to a woman "Jane Doe" who filed a petition for order of protection
against me.
She has claimed I am "stalking" her, her daughter age 19, and daughter's
boyfriend who is early 20's. They all live in the house next door. Jane Doe has
written up 3 incidents, that are trumped up allegations and stories, from years
ago... that have nothing to do with the actual dates of the so-called incidents.
There is nothing in her claims that could be construed as stalking unless its
the photo/video taping?? The allegations
are broad and vague and seems like she remembers something that she thinks
she saw from years ago !? Ridiculous. All of it. However she claims to be in fear,
and keeps saying I'm stalking without any real evidence. And keeps saying the word
harassment, without giving any actual words or deeds that prove harassment or stalking.
She claims fear of violence,,,, OMG, nothing could be further from the truth!!!
For example she says "I yelled harassing comments" but what I really
said was " I don't want dog poop in my yard."
I firmly believe she filed the petition as a form
of revenge because I called Animal Control, and she is afraid I will
sue her for damages related to her rotten tree
falling on my house and garage; she mentions it in her Petition, claiming
that I threatened her, because I stated her damaged rotten tree is hazardous
to my property. No doubt about that, half of the tree already hit my house
and garage.

One of the issues is their dog. It has defecated and urinated in my
yard. After a year of suffering, I called Animal Control and was told specifically
"make a video tape of it happening, to prove your claim, then bring it to the Sheriff,
and sign an affidavit" So beginning around April 9, when they would walk the dog around
the edge my property, I would sit on my patio with my phone in hand to try and
get proof by taking pictures or making a video. The amount of time spent trying
to take pictures/get proof, is 5 to 20 minutes on a few days. Again, I was
instructed by Animal Control, and have a copy of the Sheriff's report which states
the exact same thing. This is the only time I would "watch" any of them, it was
only when they were walking the dog, or I could hear dog barking, the kids
laughing and yelling, or the smell of the dog poo. I saw the daughter
and boyfriend let the dog into my yard
to pee and poop on several occasions. They are just lying to the mom, Jane Doe.
They are beligerent when the mom, Jane Doe is not home, and when mommy gets
home, they run to hide behind her and claim I was "mean" to them.

The other issue is the property line; there were 4 trees near the property
line and the base of 3 trees/root of trees are on her property 100%,
and there is 1 tree that is roughly 90% on her property.
On april 2, wind blew over the largest tree and it hit my garage and home.
On April 29, a physical property survey was performed and corner stakes
(rebar with caps) were placed in the ground along with wood stakes
with red flags. Property lines are a straight line, so it's easy to see even
with naked eyes. I do not have the paper reports in hand yet. However I believe this
proves who the trees belong to. After part of the rotten tree fell on my property, I was
advised by 2 tree services, and my insurance adjustor to have the remaining part
of the tree cut down, because it was damaged and diseased.
I did so, it was $1,000.00 ($1k).
I figured why have another insurance claim, because I have a $1k deductible
and then surely my homeowners insurance would skyrocket.

Yes, its a complex story, but how can I defend myself against
claims of "stalking" ??
 


tranquility

Senior Member
She makes her claim, you make yours. No one here can really help you. The key will be the facts and not the law. We are a bit better at the law.

Find the evidence that proves your case.
 

Guestnumber999

Junior Member
Case Dismissed!!!

She makes her claim, you make yours. No one here can really help you. The key will be the facts and not the law. We are a bit better at the law.

Find the evidence that proves your case.
Here is an update: Hearing was today. It took the Judge maybe 5 minutes to swear us in, and then she promptly dismissed because there were no valid reasons for an Order of Protection!!! I am so glad I did not waste my time and money on an attorney!! The Judge did tell us
to attend a community remediation session .... and that if outcome was favorable, the order would be completely vacated!!!

IMHO it seems like there are quite a few people on this forum who don't know the law (or do they?)
and tell you to get a lawyer when you don't need one.

CASE VACATED!!!
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top