Neighbor claiming I hit him; He's taking legal action.?

Question

A neighbor of mine continuously allows his dog to poop in front of my condo (without picking it up). My condo is up for sale, and I constantly have to stay on top of this. About 30 days ago, I actually witnessed him not picking up so I approached him (face to face). He went ballistic and had the audacity to say that I was mistaken (even with dog poop evident on the ground). I told him I had pictures of him so this outraged him. We had a verbal exchange, but this is where it ended. He proceeded to call the police, and he claimed I hit him. I have a witness (thank God) to say this did not happen, but he is cliaming thta "She" is being wreckless and lying. Anyway, the cops dropped it b/c it's stupid, but he has taken it a step farther by taking it to the magistrate court of my county for a warrant for my arrest. The hearing is Fri 11/16. I am confident in my story, but I am 4 months pregnant and stressed out & high risk. The man is not telling the truth; do I have any recourse?

I need to add that the only reason I'm stressed out over this is because this man is so persistent that I'm afraid of the scary situation of "what if they believe him?" ..., If I am arrested for this, i truly fear the health of my unborn baby. My husband and I also are building a house, and we are closing on 12/28 so I just have so much going on. to have this also going on is causing me sleepless nights and also just pure depression. Again, do I have any recourse against him for making a false claim?

Answer 1

It is so unfortunate that no matter where you live or go there is always some jerk like this that decent people have to deal with.
Let me start by saying I have many years in law enforcement experience and with the courts and you have nothing to worry about at all. You have to remember that deviant people like this want to get you upset, and he is accomplishing his goal as you seem very distressed. Don't let him do that to you as his case has no merit.
What I would do first is to get a hold of the police that initially responded and pull up all the documentation that showed the police made the decision to not take criminal action. They may have made a report or have it on file through dispatch notes. A Magistrate or Judge would 99 percent of the time agree with that decision.
I would then get with your witness and see if you can get a compassionate officer to file a report on him for filing a false report, obstruction of justice or other charges to show the courts. In addition tell the magistrate that you are in fear for your safety, for your unborn child, from this lunatic and want a restraining order. This way you accomplish two things: you keep him away from you...and you keep his dog away also as he wil not be allowed to walk him there anymore. So no more jerk or dog stuff....
Many users gave great advice. Seek legal assistance about a civil law suit against him as you have obviously suffered greatly and he has clearly lied to the courts, caused you inconvenience and pain. Believe me even the civil court system will not look highly upon a person who committed perjury and did harm to a pregnant woman.
Most importantly ..trust me on this..don't let this worry or get you down. That is what he wants believe me. You will be fine!! I promise! Your baby is much to important for you to risk stressing about some jerk. Laugh it off and keep your mind off of it as best you can. Think of it like....if you win some money in a civil action you can anonymously send him one of those scooper things.....or maybe we could make a Lifetime TV movie about this for housewives to cry over...you got to make light of it and not worry.
Let me know what happens and all my best to you.

Answer 2

How can a pregnant woman hit a man. The court will know the man is insane and fabricating stories.You be strong and confident and stand your grounds and state your case. He may be mentally unsound. You never know people are not as they look, they have mental problems. Tell the court that he is lying and you are pregnant and you have not hit anyone in your life. Dont feel stressed out, just be strong mentally and face it. Dont worry at all, you will win, the court will see you are right.Tell them the truth dont back down or worry. All the best. Everything will be ok.Be strong.

Answer 3

Yes. It's called " Malicious Prosecution." You should call legal services in your county and talk to an attorney rather than asking people here. This is important and he sounds dangerous. A restraining order may be a way to go--and calling animal control EVERYTI ME you see his dog come into your yard. Just tell them there is a dog running loose." That'll get him good cause he won't know who called. Give a fake name to animal control too and see if they can control his dog.
In court--the less you say the better. Let him rant and rave and you stay demure and act like a very sweet little mother-to-be. The judge will figure it out for himself. good luck.
Crappy neighbors SUCK!

Answer 4

Call the police today while the company is still at the scene, request a police officer to come out and file a report asap, you need the police to get all the info on who actually did it, the official address of the company and their insurance info right away also if you like you could retain a lawyer and move today for a Temporary injunction to stop the work until the company can demonstrate they can proceed with the work without causing any more damage to your property also you do not have to allow them to come onto your property at all to help out your neighbor, if so its trespassing

Answer 5

Unless you are in Polk County Florida try to file a counter suit, and try to file charges for verbal assault. With your witness...you really should not have worries about jail. It's two words against one. As well,the photographs you've taken are great evidence. See if you can also get the turd for littering, and check your local poop laws. (Yes...we have those here) with the pics you might get him fined for that. The main thing is to show this little prick you are going to refuse to back down and will stop at nothing to exonerate yourself and put his *** in the hot seat where it belongs.

Answer 6

It doesent matter even if they do believe him they have to have this thing its called proof theres no evidence. Its all hear say and your the one with a witness and you will have the sympathy. In court a man is looked upon as being able to defend himself against a woman especially a pregnant one they will tell this man he is retarded.

Answer 7

I think it is time for you to consult a lawyer. contact your local bar association or a legal aid organization and ask for a referral. Sounds to me as if you have a law suit against this crackpot. It's good you have a witness. With any luck you'll get a judgment against him, and some financial compensation and or your legal fees paid by him.

Good luck. I have a rotten neighbor too, so I know what it's like.

Answer 8

Lucky for you you have a witness. But all it comes down to is your word against his. It will now be up to the judge (hope that your neighbor has a history of frivolous lawsuits). Good luck and I hope the judge throws out this case and charges your neighbor for abusing the system. Maybe you can try to counter sue for slander.

Answer 9

from what you said bring your witness to court you should be OK, i would also get a camera before then to see if you can get pictures of him not picking up after his dog anywhere in the neighborhood just does not have to be your yard

Answer 10

I wouldn't worry Hun, you are gonna win. The case will get dismissed. I also suggest getting a restraining order against this psycho.