What action can I take against a hostile neighbor who grabbed my breathing mask, and shoving his hand in my nose area?
This afternoon, I called the police to report that my neighbor hit me in the face on my property, he was asked by me, and my partner multiple times to get off the property, about this time he hit me in the face causing me further injury to my nose.
For the last 7 months I have not been able to smell according to my doc the nerves inside the nose are damaged, and only time will tell. This strike from my neighbor caused me emotional distress, and my health issues are already too complicated that the last thing I needed was a smack on my nose.
My dx is Anosmia and the inflammation in my body causes me more issues if put under a stressful environment because of a genetic predisposition. I can't heal.
My neighbor is causing me too much stress, and I really want to be left alone,
Your best course of action is to immediately file for a civil harassment restraining order to get the neighbor to leave you alone. The forms for such an order and petition are CH-100, CH-110 and they are available online on the California Superior Court webpage. The legal standard that will apply to your case is California Code of Civil Procedure section 527.6(b), which states that "harassment" is unlawful violence, a credible threat of violence, or a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, or harasses the person, and that serves no legitimate purpose. The burden of proof in meeting this standard is established by presenting “clear and convincing evidence” that your neighbor has caused harassment as defined by law. “‘[C]lear and convincing’ evidence means evidence of such a convincing force that it demonstrates, in contrast to the opposing evidence, a high probability of the truth of the facts for which it is offered as proof. Such evidence requires a higher standard of proof than proof by a preponderance of the evidence.” (BAJI 2.62) Further, “[t]he evidence must be so clear as to leave no substantial doubt. It must be sufficiently strong to command an unhesitating assent of every
reasonable mind.” In re David C. (1984) 152 Cal.App.3d 1189, 1209 (quoting In re Angelia P.(1981) 28 Cal.3d 908, 919); see also Santosky v. Kramer (1982) 455 U.S. 745, 759.
I would strongly encourage you to contact an attorney who can package together a brief that will go with your petition for a restraining order. You can also recover attorney fees against your neighbor if you are deemed the prevailing party by the judge.
It is important that you do this soon, as police may not act very fast and in any civil lawsuit you might bring, your credibility will be enhanced or suffer if you do or do not seek a restraining order as soon as possible.
You can try to get a restraining order, you can sue him civilly for damages or you can, as you did, call the police.
No legal advice is given here. My responses to questions on Avvo are never intended as legal advice and must NOT... more
No legal advice is given here. My responses to questions on Avvo are never intended as legal advice and must NOT be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions & Answers forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. I am only licensed in the States of California and New York and the District of Columbia
If you reported this to the police, you should let them handle it.
You could try and get a restraining order of your own against him, but that could be expensive and a restraining order is only a piece of paper when it comes right down to it.
The police can put him in jail.