Handgun Intimidation by Crackhead
On my web site crackhead.pitas.com I have photos and 2 mpegs of a crackhead in a neighbors backyard aiming a handgun at my backdoor. Can I sue the neighbor who is hosting this event?
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Read More Answered By: CHARLES WEINER |
Re: Handgun Intimidation by Crackhead In terms of a simple answer, this seems to be a matter for law enforcement. Based on what you indicated, it sounds like your neighbors has engaged in conduct which violates the criminal code. The civil laws (you suing your neighbor) may not provide satisfactory relief. You may be able to get some type of restraining order. However, in order to obtain a restraining order, police would need to be involved to substantiate that a threat exists.
Other types of civil actions, probably would not provide satisfactory or immediate relief because there are three components to every civil case which are, (1) liability i.e. did the offending party engage in unlawful conduct or conduct for which the law provides relief to the offended party; (2) as a proximate result of the conduct, are there damages or injury to the offended party; and (3) can the offended party collect the damages (monetary award) from the offending party. While the third element is not required to prove your case, if you get a judgement that the liable party cannot pay, the judgement is not worth the paper on which it is written. Unless your neighbor has some assets which can be attached, he/she is judgement proof and a civil action is meaningless. |
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