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Barking Dog

#1
Oklahoma
I got a warning notice in the mail about my dog barking which isn’t true. I have called the police many times on both of my neighbors about their barking dog. They are making a false statement and I would like to press charges against who ever complained. Here are the facts. The neighbor on one side has a barking dog and I talk to her 3 times, called the police 4 times and put in a complaint. the other neighbor I take to twice and called the police on them twice. No one has come to my house and complain to me about a barking dog and I’m home about 23 hours a day. So which ever neighbor complain is only doing it for revenge. My dog barks about 2 or 3 barks a week because someone might be at my gate. One neighbors dog was barking 2 or 3 thousand times a day. The neighbor with the Bad barking dog isn't barking anymore because I think they might have got rid of it, but I don't know. Now if their dog isn't there it can't bark and bother me and I can't file a complaint therefor they have filed a false complaint against me. Is there anything I can go about filing a false statement?
 


quincy

Senior Member
#3
Oklahoma
I got a warning notice in the mail about my dog barking which isn’t true. I have called the police many times on both of my neighbors about their barking dog. They are making a false statement and I would like to press charges against who ever complained. Here are the facts. The neighbor on one side has a barking dog and I talk to her 3 times, called the police 4 times and put in a complaint. the other neighbor I take to twice and called the police on them twice. No one has come to my house and complain to me about a barking dog and I’m home about 23 hours a day. So which ever neighbor complain is only doing it for revenge. My dog barks about 2 or 3 barks a week because someone might be at my gate. One neighbors dog was barking 2 or 3 thousand times a day. The neighbor with the Bad barking dog isn't barking anymore because I think they might have got rid of it, but I don't know. Now if their dog isn't there it can't bark and bother me and I can't file a complaint therefor they have filed a false complaint against me. Is there anything I can go about filing a false statement?
No. Complaints made to the police are covered by a qualified privilege which protects those who make a report to the police. The reports are immune from a civil action absent a showing of actual malice.

Actual malice is a difficult element to prove as it goes to the intent of a person. It is hard to prove someone made a report to the police knowing at the time the report was made that it was false. It is hard to prove the sole intention of the person making the report was to cause harm.

If there are a number of dogs in your neighborhood, it can be hard to pinpoint from where the barking comes - and often there is more than one source. There is an old Chinese proverb that says: One dog barks at a shadow, a hundred bark at its sound. Your dog may be barking more than you think.

At any rate, there is no good lawsuit here for you to pursue. You can let the police know you believe the neighbor complained in retaliation for your complaints but I wouldn't expect the police to do anything.

I would suggest that you arrange a dog play date for the dogs in the neighborhood instead of battling with your neighbors over the barking - but I am not sure you and your neighbors are willing to get along.

Good luck.