What is the name of your state? California
My neighbor in the apartment building next to mine and his girlfreind are very loud, the kind of neighbors that you do not want next door. I have had to knock on their door many late nights over the past 2-3 years and we have had many arguments regarding their being loud from 11PM to 3AM. 4 weeks ago he had been lighting large aerial firworks that were exploding over my 4 plex with a wood shake roof. I was not sure it was him but had a pretty good idea it was. I waited and sure enough the nucklehead came out onto his second floor balcony and lit a rocket. I told him to stop or he would burn our building down...he got upset...we argued....he through a full soda at me...I told him I was calling the police.....he said he would shoot me. All of this was witnessed by three neighbors who said they saw what I described above in the police report. He said in the report that he lit one small ground firwork, that he was scared that I would climb the second story balcony and hurt him and that the soda fell by accident. He admitted in the police report to saying he would shoot me "if I came in his house" but stated that he does not own a gun.
I kept 3 of the fired rockets and the next door neighbor said she would write a letter stating that she threw away 3 or so rockets that landed in her yard. (will this help in court?)
I filed for a restraining order and was granted a temp and was told to supena the defendant to show cause for the perminant restraining order. In the description area I described that "my wife and I fear this individual due to his assault and battery and his terrorist threats."
I also stated that "I was told that he and his girlfreind were drug addicts".
The drug info was told to me by their ex-roomate who now lives in another apartment. I also feel that it is true due to their behavior. FYI: she is still friends with the girlfriend but not the defendant.
I was informed that he was served by the local Sheriffs dept. and then 2 days later I received a letter from an attorney on behalf of the defendant stating that my case is laughable and that if I do not drop the case he would sue me for slander and defemation of charactor.
I feel the attorney is just trying to scare me. I want the restraining order but do not want to deal with a law suit. I feel the restraining order will be granted since we are moving (same city) and since I work in the same city as well. If the restraining order is granted will their law suit go anywhere?
FYI: I do not plan on getting an attorney for the restraing order hearing.
Any advise is much appreciated.
My neighbor in the apartment building next to mine and his girlfreind are very loud, the kind of neighbors that you do not want next door. I have had to knock on their door many late nights over the past 2-3 years and we have had many arguments regarding their being loud from 11PM to 3AM. 4 weeks ago he had been lighting large aerial firworks that were exploding over my 4 plex with a wood shake roof. I was not sure it was him but had a pretty good idea it was. I waited and sure enough the nucklehead came out onto his second floor balcony and lit a rocket. I told him to stop or he would burn our building down...he got upset...we argued....he through a full soda at me...I told him I was calling the police.....he said he would shoot me. All of this was witnessed by three neighbors who said they saw what I described above in the police report. He said in the report that he lit one small ground firwork, that he was scared that I would climb the second story balcony and hurt him and that the soda fell by accident. He admitted in the police report to saying he would shoot me "if I came in his house" but stated that he does not own a gun.
I kept 3 of the fired rockets and the next door neighbor said she would write a letter stating that she threw away 3 or so rockets that landed in her yard. (will this help in court?)
I filed for a restraining order and was granted a temp and was told to supena the defendant to show cause for the perminant restraining order. In the description area I described that "my wife and I fear this individual due to his assault and battery and his terrorist threats."
I also stated that "I was told that he and his girlfreind were drug addicts".
The drug info was told to me by their ex-roomate who now lives in another apartment. I also feel that it is true due to their behavior. FYI: she is still friends with the girlfriend but not the defendant.
I was informed that he was served by the local Sheriffs dept. and then 2 days later I received a letter from an attorney on behalf of the defendant stating that my case is laughable and that if I do not drop the case he would sue me for slander and defemation of charactor.
I feel the attorney is just trying to scare me. I want the restraining order but do not want to deal with a law suit. I feel the restraining order will be granted since we are moving (same city) and since I work in the same city as well. If the restraining order is granted will their law suit go anywhere?
FYI: I do not plan on getting an attorney for the restraing order hearing.
Any advise is much appreciated.
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