Victim of Assault--Libel Issues

[Pedas2]

What is the name of your state?Arizona

Last week, I was the victim of an assault. Mean neighbor starting verbally ranting to me and my friend about a petty neighborhood issue and then proceeded to grab both collars of my sweatshirt. My friend was standing next to me when this happened and my son who saw the incident from inside the house ran outside with a phone and asked my friend if he should call 911, to which he said no. The neighbor released his hands from my collar and then went back inside his house.

The neighbor is the type of likes to start email "wars" about people and neighborhood issues. The next time he starts an email debate with neighbors, if I respond by informing people of the incident, can the neighbor falsely accuse me of libel or sue me for libel? How about if I tell people at an HOA meeting and the aggressor is present? What burdens would that put on me and the witnesses?

Is filling a police report protection from libel or slander, meaning am I free to write down or oralize exactly what is in the police report (or send the police report as an email attachment to others) without fear of being sued for libel or slander?

What burdens if any would there be on my friend and son if a police report is taken? Would they have to appear in court etc.?

Would filing a police report incense the neighbor?

 

[quincy]

What is the name of your state?Arizona

Last week, I was the victim of an assault. Mean neighbor starting verbally ranting to me and my friend about a petty neighborhood issue and then proceeded to grab both collars of my sweatshirt. My friend was standing next to me when this happened and my son who saw the incident from inside the house ran outside with a phone and asked my friend if he should call 911, to which he said no. The neighbor released his hands from my collar and then went back inside his house.

The neighbor is the type of likes to start email "wars" about people and neighborhood issues. The next time he starts an email debate with neighbors, if I respond by informing people of the incident, can the neighbor falsely accuse me of libel or sue me for libel? How about if I tell people at an HOA meeting and the aggressor is present? What burdens would that put on me and the witnesses?

Is filling a police report protection from libel or slander, meaning am I free to write down or oralize exactly what is in the police report (or send the police report as an email attachment to others) without fear of being sued for libel or slander?

What burdens if any would there be on my friend and son if a police report is taken? Would they have to appear in court etc.?

Would filing a police report incense the neighbor?

When you are assaulted, you should call the police.

It appears the dispute you had with your neighbor was resolved so police intervention was not necessary but there is always a risk of a fight escalating.

A report to the police is covered by a “qualified privilege” which means it cannot be used as the basis for a defamation claim if the report is filed with an honest purpose and without malice.

I see no reason for you to bring up your dispute with the neighbor at an HOA meeting. If the neighbor has issues that concern the neighborhood homeowners, then you can address those concerns and leave personalities out of the discussion.

It is best not to “gossip” about the neighbor. He can sue, whether a suit has merit or not. It is best to say nothing negative about a person.

Yes, filing a police report is likely to upset your neighbor.

Defamation (libel is written; slander is oral) requires that false statements of fact be communicated to one person other than the one defamed. Truth that does not imply false fact is a defense to a claim of defamation.

Here is a link to Arizona’s defamation law, published by the Digital Media Law Project (2014):
http://www.dmlp.org/legal-guide/arizona-defamation-law

 

[Pedas2]

There are two reasons why I would bring up the issue. The first is if the aggressor shows up at the HOA meeting and starts ranting about the petty neighborhood issue he was upset about. My friend and I are both on Board and I was victim and he direct witness. I would tell the audience about what happened. Second, if this person ever decides to run for Board, I would write a letter or send an email to all owners letting them know about incident.

Now if the aforementioned will open me up to libel or slander, then is the only way to safely (without risk of lawsuit) communicate what transpired to file a police report a couple weeks later? Would the witnesses and the agressor be interviewed by the police? This is complicated because if neighbors see a police car, they would get worried and they seem to want a harmony (even if it's a pseudo-one) and if I file a police report, neighbors might think that's over the top and it would backfire on me and how people perceive me, even though I was physically assaulted/threatened/intimidated.

I wasn't carrying a phone. My son came out of the house and asked my friend (other Board member) if he should call 911, and Board member instructed, no we don't want to escalate this. Aggressor then removed his hands from me and walked away.

 

[Ohiogal]

You should have reported it immediately if you were concerned.

 

[quincy]

There are two reasons why I would bring up the issue. The first is if the aggressor shows up at the HOA meeting and starts ranting about the petty neighborhood issue he was upset about. My friend and I are both on Board and I was victim and he direct witness. I would tell the audience about what happened. Second, if this person ever decides to run for Board, I would write a letter or send an email to all owners letting them know about incident.

Now if the aforementioned will open me up to libel or slander, then is the only way to safely (without risk of lawsuit) communicate what transpired to file a police report a couple weeks later? Would the witnesses and the agressor be interviewed by the police? This is complicated because if neighbors see a police car, they would get worried and they seem to want a harmony (even if it's a pseudo-one) and if I file a police report, neighbors might think that's over the top and it would backfire on me and how people perceive me, even though I was physically assaulted/threatened/intimidated.

I wasn't carrying a phone. My son came out of the house and asked my friend (other Board member) if he should call 911, and Board member instructed, no we don't want to escalate this. Aggressor then removed his hands from me and walked away.

Whether or not to report the incident to the police is a decision you will have to make. Having the altercation on record with the police could help to support charges against the neighbor if he assaults you or someone else in the future.

If this neighbor regularly causes disturbances in the meetings, you (or other Board members) always have the option of asking him to leave. If he won’t, the police can be called to escort him off the premises.

I think it best that you speak of the neighbor by name ONLY to the police, and speak of the neighbor’s neighborhood issue by ISSUE only. Separate the two.

If you want to foster peace in your neighborhood, pitting neighbor against neighbor is not the way to do it.

Good luck.

 

[Pedas2]

I immediately reported the incident to the HOA Property Manager Our HOA Fine Policy has a fine for "harassment." Would this incident qualify as harassment and if the Board were to have an Executive Session about it, do you think it would exacerbate neighborhood relations if the owner is fined? I might have to live near this person for the next decade.

 

[quincy]

I immediately reported the incident to the HOA Property Manager Our HOA Fine Policy has a fine for "harassment." Would this incident qualify as harassment and if the Board were to have an Executive Session about it, do you think it would exacerbate neighborhood relations if the owner is fined? I might have to live near this person for the next decade.

Harassment? Possibly. It would be up to your HOA board (or the police) to decide whether to fine your neighbor (or what to charge your neighbor with, if anything).

You can read over your HOA’s harassment policy and here is a link to Arizona’s harassment statute:
https://www.azleg.gov/ars/13/02921.htm

If you are worried that your neighbor will assault you again, report him to the police. The police can investigate, or the police can speak to the neighbor, can speak to your friend and your son, and will speak to you.

What your HOA will or won’t do, and how your neighbor will react to anything, is something I can’t tell you.

 

[not2cleverRed]

There are two reasons why I would bring up the issue. The first is if the aggressor shows up at the HOA meeting and starts ranting about the petty neighborhood issue he was upset about. My friend and I are both on Board and I was victim and he direct witness. I would tell the audience about what happened. Second, if this person ever decides to run for Board, I would write a letter or send an email to all owners letting them know about incident.

Now if the aforementioned will open me up to libel or slander, then is the only way to safely (without risk of lawsuit) communicate what transpired to file a police report a couple weeks later? Would the witnesses and the agressor be interviewed by the police? This is complicated because if neighbors see a police car, they would get worried and they seem to want a harmony (even if it's a pseudo-one) and if I file a police report, neighbors might think that's over the top and it would backfire on me and how people perceive me, even though I was physically assaulted/threatened/intimidated.

I wasn't carrying a phone. My son came out of the house and asked my friend (other Board member) if he should call 911, and Board member instructed, no we don't want to escalate this. Aggressor then removed his hands from me and walked away.

This would exacerbate the situation.

It would also be very inappropriate.

I'm no expert on Robert's Rules of Order, but no well conducted meeting should devolve to such a level.

Meetings should have an agenda, a moderator, and a parliamentarian, so that unproductive rants and gossipy outbursts can be minimized.

 

[Eekamouse]

There are two reasons why I would bring up the issue. The first is if the aggressor shows up at the HOA meeting and starts ranting about the petty neighborhood issue he was upset about. My friend and I are both on Board and I was victim and he direct witness. I would tell the audience about what happened. Second, if this person ever decides to run for Board, I would write a letter or send an email to all owners letting them know about incident.

Now if the aforementioned will open me up to libel or slander, then is the only way to safely (without risk of lawsuit) communicate what transpired to file a police report a couple weeks later? Would the witnesses and the agressor be interviewed by the police? This is complicated because if neighbors see a police car, they would get worried and they seem to want a harmony (even if it's a pseudo-one) and if I file a police report, neighbors might think that's over the top and it would backfire on me and how people perceive me, even though I was physically assaulted/threatened/intimidated.

I wasn't carrying a phone. My son came out of the house and asked my friend (other Board member) if he should call 911, and Board member instructed, no we don't want to escalate this. Aggressor then removed his hands from me and walked away.

Your son should have video recorded it to preserve the neighbors actions for all including the police to see.

 

[Eekamouse]

What is the petty neighborhood issue that this person is so upset about?

 

[quincy]

Your son should have video recorded it to preserve the neighbors actions for all including the police to see.

Cell phone videos have been helpful in the past when it would otherwise be one person’s word against another.

 

[doucar]

But the fact that he may not have a winning case against you, doesn't prevent him from filing a defamation lawsuit against you and you would have the expense of several thousand dollars defending against it. Don't stoop to his level.

 

[quincy]

But the fact that he may not have a winning case against you, doesn't prevent him from filing a defamation lawsuit against you and you would have the expense of several thousand dollars defending against it. Don't stoop to his level.

Defamation cases cannot be heard in small claims courts in Arizona, either, which can make the legal action costly for both parties. Defamation suits are not exactly do-it-yourself actions, so they would both want attorneys.

It is best if Pedas2 simply refrains from publicizing the dispute. And, if the neighbor’s concern really is just a petty matter, perhaps the HOA can address it to make the neighbor happy.

 

[xylene]

Mean neighbor starting verbally ranting to me and my friend about a petty neighborhood issue and then proceeded to grab both collars of my sweatshirt.

Oh man, was it your best sweatshirt too?

You need to toughen up.

 

[quincy]

Oh man, was it your best sweatshirt too?

You need to toughen up.

Because we don’t know what was said by the neighbor during his “rant,” the sweatshirt grabbing might have seemed in person more threatening than it does in print. And the neighbor had no right to grab Pedas2.

But to me this does not sound like an incident that all of the homeowners in the HOA need to concern themselves with.