I have two children. One is 13 and the other is 12. While they are playing on a public street my neighbor on numerous occasions has cursed and yelled at them and there friends which has put fear in them to say the least. No direct threat was made but she has yelled and cursed to stay out of her area. By that she means the public street next to her house. When we confronted her about leaving the kids alone she cursed us out which was taped on a cell phone. This has been going on for over 6 months. We never called the police because we hope it would just end but we were wrong. What recourse can be taken at this point?
I know if we do call the police it will become a he said/ she said issue and nothing will be done. Like i said the kids fear for there safety and she goes out of her way yelling.
The other night she sat at the very edge of her property while the kids were on our property and the dog which was on the leash was about 1/2 between our ans her property barking and growling at the kids while they were playing manhunt. Another time my son was riding his bike in the street and the dog jumped up and snapped at him in the middle of the street. From my understanding an Arrest has to be made to get even a temporary restraining order in New York . They are not going to make an arrest for cursing out kids unless a police officer witnesses it himself which everybody knows will never happen.
This is not just going to just stop - call the police each and every time she starts cursing at them. You may want to start video taping the incidents (don't let your neighbor try to tell you it's illegal - it isn't). You don't mention the dog in your facts, but if she uses her dog to try and scare the kids, call the police and animal control.
"From my understanding an Arrest has to be made to get even a temporary restraining order in New York ." Who told you this? Unless an attorney told you this, it isn't true - threats are usually sufficient for a TRO or an order of protection.
Stop making excuses and call the police and animal control.
Video tape what is happening - you can do this with most cellphones. Then play it for the police. Show them what is going on, and it won't be a he said/she said situation.
You can file a complaint against her for harassment. The police have to take the report. You can go directly to the DA's office and file a complaint there.
Under the Food and Markets Act there's a provision about dangerous dogs. Your library has a copy of the New York statutes. Either Google it or look it up in the library. You'll see if any of the provisions apply.
DISCLAIMER - THIS IS NOT LEGAL ADVICE, AND NO ATTORNEY-CLIENT RELATIONSHIP IS CREATED. THIS IS FOR GENERAL INFORMATION PURPOSES ONLY.