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harassing neighbor

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shellykgray

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

my neighbor verbally harasses me every day. he does not speak to me directly, but utters obscenities and derogatory names in my direction "under his breath," but loud enough to be heard. it is interfering with my ability to enjoy my property.

i also know he has guns and is mentally unstable. what are my rights?? thanks.What is the name of your state (only U.S. law)?
 


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

my neighbor verbally harasses me every day. he does not speak to me directly, but utters obscenities and derogatory names in my direction "under his breath," but loud enough to be heard. it is interfering with my ability to enjoy my property.

i also know he has guns and is mentally unstable. what are my rights?? thanks.What is the name of your state (only U.S. law)?
You could move. This neighbor is not speaking directly to you but is harassing you, that is a hard sale.
Texas Penal Code
§ 42.07. HARASSMENT. (a) A person commits an offense if,
with intent to harass, annoy, alarm, abuse, torment, or embarrass
another, he:
(1) initiates communication by telephone, in writing,
or by electronic communication and in the course of the
communication makes a comment, request, suggestion, or proposal
that is obscene;
(2) threatens, by telephone, in writing, or by
electronic communication, in a manner reasonably likely to alarm
the person receiving the threat, to inflict bodily injury on the
person or to commit a felony against the person, a member of his
family or household, or his property;
(3) conveys, in a manner reasonably likely to alarm
the person receiving the report, a false report, which is known by
the conveyor to be false, that another person has suffered death or
serious bodily injury;
(4) causes the telephone of another to ring repeatedly
or makes repeated telephone communications anonymously or in a
manner reasonably likely to harass, annoy, alarm, abuse, torment,
embarrass, or offend another;
(5) makes a telephone call and intentionally fails to
hang up or disengage the connection;
(6) knowingly permits a telephone under the person's
control to be used by another to commit an offense under this
section; or
(7) sends repeated electronic communications in a
manner reasonably likely to harass, annoy, alarm, abuse, torment,
embarrass, or offend another.
(b) In this section:
(1) "Electronic communication" means a transfer of
signs, signals, writing, images, sounds, data, or intelligence of
any nature transmitted in whole or in part by a wire, radio,
electromagnetic, photoelectronic, or photo-optical system. The
term includes:
(A) a communication initiated by electronic
mail, instant message, network call, or facsimile machine; and
(B) a communication made to a pager.
(2) "Family" and "household" have the meaning assigned
by Chapter 71, Family Code.
(3) "Obscene" means containing a patently offensive
description of or a solicitation to commit an ultimate sex act,
including sexual intercourse, masturbation, cunnilingus, fellatio,
or anilingus, or a description of an excretory function.
(c) An offense under this section is a Class B misdemeanor,
except that the offense is a Class A misdemeanor if the actor has
previously been convicted under this section.
 

HomeGuru

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

my neighbor verbally harasses me every day. he does not speak to me directly, but utters obscenities and derogatory names in my direction "under his breath," but loud enough to be heard. it is interfering with my ability to enjoy my property.

i also know he has guns and is mentally unstable. what are my rights?? thanks.What is the name of your state (only U.S. law)?
**A: learn to ignore him.
 

shellykgray

Junior Member
true that maybe the OP has some mad skills. i, myself, am an attorney and a m.s.w., so i can muddle through much of that. answers to questions:

know he has a gun b/c he has waved it around in our front yard. when we expressed concern, the response was that it's not loaded, so what's the big deal? (did i mention i have a 21-mo. old baby?).

know he has mental issues vaguely. he's a vietnam vet (although never left the u.s.), and receives SSDI and VA benefits; has been unemployed and living with adult father for most of his adult life; plus comments from his family support the theory - never mind his actions.

as to ignoring him, we've been doing that for about a year and a half, and things only get worse.

as for the OP's suggestion of moving, i was pretty annoyed. such a flippant response, particularly in this economy. it's not an option.

nonetheless, i appreciate all the responses!
 

msiron

Member
true that maybe the OP has some mad skills. i, myself, am an attorney and a m.s.w., so i can muddle through much of that. answers to questions:

know he has a gun b/c he has waved it around in our front yard. when we expressed concern, the response was that it's not loaded, so what's the big deal? (did i mention i have a 21-mo. old baby?).

know he has mental issues vaguely. he's a Vietnam vet (although never left the u.s.), and receives SSDI and VA benefits; has been unemployed and living with adult father for most of his adult life; plus comments from his family support the theory - never mind his actions.

as to ignoring him, we've been doing that for about a year and a half, and things only get worse.

as for the OP's suggestion of moving, i was pretty annoyed. such a flippant response, particularly in this economy. it's not an option.

nonetheless, i appreciate all the responses!
When he waved this gun, just because he said it wasn't loaded, doesn't mean it wasn't. Did you call the police?

He is not a Nam Vet if he never left the US., he is however a veteran if he served in the US.
 
true that maybe the OP has some mad skills. i, myself, am an attorney and a m.s.w., so i can muddle through much of that. answers to questions:

know he has a gun b/c he has waved it around in our front yard. when we expressed concern, the response was that it's not loaded, so what's the big deal? (did i mention i have a 21-mo. old baby?).

know he has mental issues vaguely. he's a vietnam vet (although never left the u.s.), and receives SSDI and VA benefits; has been unemployed and living with adult father for most of his adult life; plus comments from his family support the theory - never mind his actions.

as to ignoring him, we've been doing that for about a year and a half, and things only get worse.

as for the OP's suggestion of moving, i was pretty annoyed. such a flippant response, particularly in this economy. it's not an option.

nonetheless, i appreciate all the responses!
You are the OP.

If someone was on my property waving a gun, I would call the police immediately. Your lack of action early has brought on this situation now.

None of what you have mentioned shows that you would know he has mental issues. Talk to his family to find out if he has mental problems. Then you can begin to file complaints when he "acts crazy" citing fear for you and your child's safety.

You are the OP but my advice stands. You stated that you cannot enjoy your property anymore. Where there is a will, there is a way. My point was that you may not have a case of harassment, just an a-hole neighbor.
 

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