Legal Question in Civil Litigation in Georgia

my family is being harrassed by a neighbor that lives around 100ft. from them. my family are term. ill and are scared of what this lady is capible of doing next.she has done everything from calling the police for their dog barking, leaves burning, to sending a petition around to try and forcr my family to rebuild or sale their property. this lady is causing my family grief and restricting them from the time they have left to be happy with us. other neighbors have told us but we have not witnessed them having servallince camra directed towards our home. she has made false accusations toward my family to police that have costed my family money in court apperance. is their anything that we may do to keep this lady and her family on their side of the street n out of our hair.....legally. it just so happens that her husband is a local attorney in our area.


Asked on 7/01/10, 7:06 pm

1 Answer from Attorneys

Is this you that is being harassed or your parents? I cannot really speak to you about your parents' issues due to ethical reasons.

You mention surveillance cameras directed at your parents' home. So what? As long as the neighbor is on his or her own property or is in the public right of way, she has a lawful right to be there and can film whatever can be viewed/seen. Your parents do not have to like it, but unless she is taking pictures and using them commercially or is violating the wiretap laws by filming the inside of their home and recording conversations to which she is not a party, there is not much that can be done about that particular issue.

You mention calling the police. Are these criminal charges justified? If they are false, the lady can be charged with filing false reports to law enforcement. In addition, if your parents have to hire a lawyer and get the criminal charges dismissed, they can sue the lady for malicious prosecution. To prevail on a malicious prosecution claim under Georgia law, a plaintiff must show: (1) prosecution for a criminal offense instigated by the defendant, (2) issuance of a valid warrant, accusation, indictment, or summons, (3) termination of the prosecution in favor of the plaintiff, (4) malice, (5) want of probable cause, and (6) damage to plaintiff. Your parents also could seek a restraining order to enjoin her from harassing them.

Litigation is not cheap and is a very slow process. You indicate that your parents are terminally ill. Do they want to spend their funds and remaining time on a lawyer? They would be better off taking the money and going on a cruise around the world. It would be a heck of a lot more fun and they would not have to deal with the neighbor.

I do not mean to suggest that I am making fun of your parents' situation. I am not. They are stuck with the neighbor from hell, but court seems like a waste. Court orders are for the law abiding. This lady is not going to stop and she does not seem like the type who will obey a court order. Money judgments also will not help - they are no guarantee that your parents will be able to recoup a dime, depending on the lady's assets and whether she works.

If it were me, I would try to bear up as cheerfully as possible and not spend the time, money and energy, which are precious resources, on this idiotic Gladys Kravitz-wannabe.

Also, what do your parents want to do with the home since their time is short? If they passed away and left the house to their heirs, what would the heirs do with it? If the answer is sell, then why not sell the house now? No, your parents should not be driven out of their home, but if they are simplifying their estate anyway, then do it for that reason instead.

Your parents should not be bullied by this woman. They need to fight back with their own psychological games. They could build a high privacy fence. When the lady surveils them let them take pictures of her in return. Let your parents sit outside and play whatever music the lady finds to be annoying, as long as it is not too loud. Your parents can paint their home a really really obnoxious color, like Pepto-Bismol pink. As long as your parents do not do anything illegal or criminal or cause injury/damage to the lady or her property, I would have fun at her expense and do whatever I could to annoy her.

Short of that, see if an attorney in their county/state specializes in general civil litigation and will give a free consult regarding your parents' case so they can decide how much it will cost to pursue this and what their chances of any recovery would be.

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Answered on 7/02/10, 1:14 pm


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