Just wondering where I stand with this one. I have a neighbor who repeatedly files noise complaints which the police find to be unfounded. She talks badly of me to our neighbors. She talks badly of me to people who come to my home to visit me. I gave her written notice that if she continues to discuss me with our neighbors or if she continues to talk to my visitors I will request a civil restraining order against her for harrassment. She is now threatening to file suit against me for harrassment due to noise, to file civil action because I have revoked her constitutionally protected right of free speech with my letter and that I have threatened her with my letter.
Does she have the right to talk about me or to talk to my visitors who have no desire to listen to her?
Is telling her to stop talking to these people or I will request a restraing order considered threatening?
Just not sure what to expect next.
Our apartment manager has sided with me if that matters.
2007-12-29 05:07:10 · 4 answers · asked by ebosgramma 5 in Politics & Government ➔ Law & Ethics
She can file a suit but she will likely not find a lawyer to help her and it will likely be thrown out rather quickly.
Threats are only threats if they indicate harm to her or property. I can threaten to make you a cake (or not) for your birthday...this is not criminal.
If she is saying untrue things about you you can sue her for slander.
My suggestion would be to see a lawyer and have a "cease and desist" letter sent to her on legal letterhead threatening legal action if she does not. It's usually relatively inexpensive and makes silly people like these shake in their undies and wisen up a bit.
2007-12-29 05:16:53 · answer #1 · answered by elysialaw 6 · 0⤊ 0⤋
I would be happy to see the judge discuss the legal ramifications of slander with her.
Legal definition:
Slander is an untruthful oral (spoken) statement about a person that harms the person's reputation or standing in the community. Because slander is a tort (a civil wrong), the injured person can bring a lawsuit against the person who made the false statement.
Source(s):
http://www.nolo.com/definition.cfm/term/...
2007-12-29 05:16:16 · answer #2 · answered by roadrunner 5 · 0⤊ 0⤋
The lady has a screw or two loose. The only way out of it is to move.
Ignore her, she thrives on the attention. Let her sue. It's inconvenient to you, but you will have to show at the hearing. She'll show her loose screws and the judge will dismiss. Suing her isn't going to do anything but aggravate the situation.
Tell your visitors about her ahead of time and ask them to not say anything to her, to simply walk past her and ignore her.
2007-12-29 05:13:50 · answer #3 · answered by Dan H 7 · 0⤊ 0⤋
Get a civil rights attorney to send her a letter or contact the ACLU.
2007-12-29 05:56:32 · answer #4 · answered by ? 6 · 0⤊ 0⤋