View Single Post
 
Old Jun 02, 2004, 09:32 PM
dexter's Avatar
dexter dexter is offline
Grand Magnate
 
Member Since: Dec 2003
Location: New Jersey
Posts: 3,133
Hi Sunshine, what an AWFUL position to be in for anyone, let alone someone with other stressors in there lives. And right near your home too.

I agree with others here, have a plan, and don't stoop to their level. Find a balance between avoiding conflict and letting it all slide past, and finding something constructive to do about it without stressing yourself. I'm thinking that if you just ignore them your going to have just a lot of built up stress.

Getting together with the neighbors is a great idea. Keep track of everything that happens with them. Maybe even talk with them just to blow off a little steam once in a while.

Did they write a police report when they came? I think you should definitely get a copy of it and keep it on hand. Insist on a police report anytime they are called in. Tell the neighbors to do the same. If anything ever leads to court, having copies of the police report from all the incidents will be great evidence. If there are tons of incidents with them from a lot of people it will show it is not just a grudge between you and them, and claims by them that others always started it will seem shallow. Things like a photo of the car blocking the road will be great too. If you had that I'd say keep it with the police report, all with dates.

I'm really kind of surprised the police said they'd have to take you both down. Do you have a lawyer you can ask advice? I don't want you to do stuff that is going to cause you more stress, so don't even think about this if it is stressful. But I don't think, even if you did spit at them, that that gives them license to lay a hand on you. I think that if it went to court that would be an assault charge on them. Someone else here may know more about it.

If they ever do anything like that again I'd also see a doctor afterward if there was any possibility of damage. Don't go frivolously but if there is a bruise or anything, have a doc look at it. Then make them pay the doctor bill. Let them know there are consequences. I believe you would win a case for doctor bills as long as you didn't hit them. I don't think there would be any legal excuse out of that no matter how much they claim you provoked it, other then them proving that you hit them first or made some advance that they could claim they had to defend themselves. They can't defend themselves from being spit on by punching you, it's not equivalent. If they went to court and claimed you hit them first, then you pull out the police report where they say that you spit on them, no mention of you hitting them, and then they are BURNED!

Now remember I'm getting my legal advice from Judge Judy and People's Court but they seem pretty consistant on this. If it ever came down to that be sure to talk to a lawyer first. One of the first lessons I remember from the old People's Court (remember Judge Wapner?) was that although you aren't allowed to have a lawyer represent you in small claims court, that doesn't mean that you can't talk to a lawyer first, and in fact you always should to be sure your case is valid and find out what you need. Always bring as much physical evidence as you can so it doesn't become your word against theirs. Bring any witnesses you can, they ususally won't accept hearsay or even a signed statement, they want the witness there to question them so they can decide who is telling the truth. Too many people go to court thinking they'll get a judgement because their neighbor's agree with them, not realizing that all the judge can do is apply the law.

Most important though is that the goal is to give you the most stress free resolution to this. If venting and letting it slide is going to be the best for your overall welfare, then that's what you should do. Let your neighbors take care of it, or at least offer support, rather than stress yourself out. I still think if you all get together and collect evidence, photographs, statements, police reports, you'll eventually have the upper hand. Maybe even journal about all the events... if it comes down to who is telling the truth having everything documented from your own point of view won't prove that you aren't lying, but it will allow you to have dates and exact descriptions instead of relying on memory.

Best of luck with this.

Probably what you need most right now is not a bunch of legalese but this just appauls me. Anyway hope this helps: {{{{{{{{Sunshine}}}}}}}}

Try not to overstress about it.

------------------------------------
--http://www.idexter.com
__________________
------------------------------------
--
-- The world is what we make of it --
-- Dave
-- www.idexter.com