I filled a TRO against my neighbor which was denied cause it should have gone to the criminal courts. It was for his boom box

Asked over 1 year ago - Aiea, HI

The boom box directed at our house and has been blasting it for over a year during the day and then he started to manipulate his boom box to have only the base come out at night so I get music during the day and boom boom at night. When the police come or when I go out he turns it off. When I explained this to the judge she said it is a criminal case and there would be nothing she could do regarding the TRO but I could still go to court for the TRO but they would not be able to stop him and that the TRO was only for physical protection. The police can't seem to do anything because he refuses to answer the door and they suggested that I file the TRO but are now angry with me because I could not get the judge to side with me. What can I do to stop this man or do I have to live this way?

Attorney answers (1)

  1. John Joseph Westerhaus

    Contributor Level 13

    Answered . I think perhaps part of the problem here is that you're filing criminal complaints when you should be filing civil complaints.

    The activities you're describing sound more conducive to a tort action (nuisance) than a criminal one. You might live in a neighborhood subdivision with restrictive covenants that could provide a cause of action as well.

    I'm not a tort lawyer, and I'm not licensed in Hawaii, but I do deal with property cases . . . . so I feel confident suggesting that you should find a tort/property lawyer in Aiea (or nearby Honolulu) that can help you with this. Even if you don't see the exact result you want, I think you'll get further with that approach than with calling the police or pursuing TROs.

    I can be reached at (913) 735-9320. Answers to legal questions are usually fact-dependent; my answers are general... more

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