An Overview of Neighbor Harassment
Neighbor harassment generally involves a pattern of antagonistic behavior between neighbors that crosses the line from simple discord to actions that are illegal under criminal and civil laws. In many instances, the neighbor that feels harassed will claim that the actions of their neighbor include threats and other harassing conduct that has caused them some kind of injury or damage. In the most extreme situation that a neighbor finds themselves in, they may be forced to seek an injunction against their next door neighbor after having been beaten, shot at, threatened , or in some way physically injured from unwanted contact and regular provocation. In many instances, the harassing behavior will take the form of slanderous or libelous behavior that is meant to harm the person victimized by the harasser or amount to some kind of stalking behavior that is characterized by repeated unwanted contact. The law includes many different acts of neighborly behavior within its scope of neighbor harassment and bullying, and even though some of these acts may seem insignificant, the law takes the extremist view in order to provide the greatest protections possible for persons being victimized by neighbor harassment.
The Legal Definition of a Harassing Neighbor in Florida
Florida law outlines neighbor harassment as one person, through a pattern of recurring actions, creates a hostile environment for another person. This is defined by statute, including Florida Statute Section 836.10, which addresses the following actions necessary to classify common harassment offenses as public nuisances that warrant the attention of law enforcement:
The comprehensive definition by statute includes the actual committal of the offense as well as efforts to conspire with or offer assistance to others who are engaged in the offense. The matter of the allegations are often what classify the legal proceedings either as harassment or simply an action taken in defense against a nuisance situation. For example, if a neighbor is blocking your driveway with a vehicle that must be moved, file of a complaint for harassment does not have precedent because there is a need for the action. However, if the plaintiff were to complain of loud noises to and from a neighbor’s home without denying service entry, this would be an opportunity for the complaint of harassment to hold weight.
Not unlike charges of harassment against a neighbor, a claim of harassment against a neighbor can be settled through discussion of the matter between both parties in an openness to come to an agreement that ends the situation. If this is not achieved, tactical pursuit of a formal, written action will be required. Are you attempting to resolve a neighbor harassment or noise issue in Florida? You certainly do not have to choose between taking a complaint to the authorities and pursuing a resolution with the help of an experienced neighbor harassment attorney.
Penalties for Being a Harassing Neighbor in Florida
Neighborhood dispute cases involving neighbor harassment in Florida can result in both civil and criminal penalties. Civil penalties include lawsuits for compensatory and punitive damages. Compensatory damages include both property damages and non economic damages such as pain and suffering from emotional distress, humiliation, worry and inconvenience caused by the neighbor harassment. Punitive damages can be awarded if the Court determines that the neighbor harassment was intentional.
If the neighbor harassment was also also a violation of specific Florida and/or local ordinances, one could be found guilty of a misdemeanor of the second degree. The maximum term of imprisonment for a second degree misdemeanor is 60 days in jail.
There are also various homeowner association law penalties. If you violated your Homeowner’s Association Declaration about noise and/or nuisances, then the HOA can take legal action against you to fine you and/or recover any expenses incurred by the HOA to try to force you to stop this illegal behavior. The HOA can also ask for an injunction or other litigated action to stop the noise and nuisance conduct.
Proving Harassment from a Neighbor in Court
To prevail on any claim, a party must meet the standard of proof necessary to prove their case. In Florida, the burden is on the person claiming harassment to prove, by a preponderance of the evidence, that the alleged harasser is in fact harassing and stalking the victim. You can demonstrate this in court by presenting the following types of evidence: While not required under Florida law, it is also advised that you file a report with law enforcement and document your experience. The more documentation of your situation that can be presented, the stronger your case will be. Remember: many accusations of harassment can turn into a he-said-she-said situation. Speak with law enforcement or an attorney about your options and approach the situation with a strategy. In cases of harassment and stalking, judges have the authority to issue serious consequences to the defendant, including; fines, damage awards, and even jail time.
Victim’s Next Steps
If you feel that you have been a victim of neighbor harassment, there are some practical steps you should immediately take: First, try to reach out directly with the neighbor to discuss the problem. Try to work out the issue as neighbors. Saving legal fees and avoiding conflict is always the best approach.
However, if that does not work, you can report the conduct to local law enforcement who might try to speak with the neighbor about the situation . You should also consider keeping a journal or a log of the conduct. Tell your neighbor the behavior is a problem. Make particular note of any threatening behavior. Try to get video of the conduct if you can. Details do matter. Keep this log in a safe place. You truly never know when the log will become important or necessary.
Finally, you should contact an attorney who handles neighbor disputes. This will give you the best opportunity to resolve the conflict in an efficient and constructive manner.
Finding Legal Help and Resources
All victims of neighbor harassment in Florida have the right to seek legal aid. We still have fair prices that are easier to afford, and a legal aid organization or hotline may be able to help you. Some neighborhoods in the area that are prone to extreme forms of harassment might have specific rules about violence and bullying, and your local regional office can help you find out. Otherwise, here are some other options:
The Professor Gleim Hotline
This is a lawyer referral service where the caller will be asked questions to identify their specific need. They will then be matched with the closest local attorney who has agreed to accept the call at no charge THE LAW OFFICE OF M.L. Weathersby, LLC has agreed to receive calls about disabled and elderly abuse.
ABA Lawyer Referral Service
Run by the American Bar Association, the lawyer referral service can connect you to a lawyer in your state who can offer 30 minutes for a $25 fee and if the case goes beyond, they will charge their regular fees and costs.
Florida State Bar Association
The Florida State Bar Association can help you find local bar associations who can connect you with lawyers based on the stress you’re going through and negotiation requirement.
608 Service
This service allows anyone to obtain the name of an attorney practicing in a specific county or county group. By calling (800) 342-8060 each caller can request the name of a lawyer by giving the County and type of law requested. The caller will then receive the names of three (3) lawyers in the private sector by standard mail within fourteen (14) days at no charge. The names of the lawyers will be sent to the caller without any recommendation by the Florida Bar or its staff, however, a referral does not constitute an endorsement of any lawyer.
Directory of Local Services
You can find a local attorney’s office by consulting the phone directory.
LawHelp.org
If you don’t speak English, or if English is not your first language, you can get legal aid to help you with your problem.
Legal Aid Services
Your local legal aid office can help you find the most qualified lawyers for your situation. Legal aid services.
Avoiding Neighbor Harassment Legal Proceedings
neighbor harassment dispute can often be avoided if the parties are able to communicate and come to a solution on their own. Experiencing a neighbor dispute can be very stressful. However, it is important to try to keep your emotions in check, because using strong language can sometimes create a ripple effect. It can further aggravate the situation and make it more difficult to come to a solution. Do not put anything in writing until you know what the other party’s position is on the matter and how to come to a solution. Calling or stopping by your neighbor’s home can be an effective way to address any concerns you may have. However, make sure you are speaking to the person about the issue that you are concerned with.
Many times, people living in close proximity are not aware of each other’s schedules. Neighborhoods can be noisy places , and many people are out of town for an extended period of time. Putting a family calendar on the refrigerator can be helpful, so that your neighbors will know what days in the week that you typically mow your grass or work on home projects. Posting a calendar for your family to follow can also help to prevent aggravation when you receive unwanted calls or knocks on your door.
Due to the fact that neighbors may not have enough space of their own, many neighborhoods set up a neighborhood watch. Neighborhood watch groups can help to reduce crime rates and violence. They observe suspicious activity and report criminal acts. Neighbors can attend community meetings and participate in discussions regarding neighborhood events. Having an organized neighborhood committee can help prevent unwanted attention from other neighbors.