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Bully inflicts intentional, deliberate emotional harm, results in fear, anxiety and depression. Gounds for a lawsuit?

Lincoln, CA |

For almost eight years, my wife has been bullied by our close neigbor. He only strikes when I'm away, when confronted he acts innocent. He tells the other neigbors in our immediate area that she is crazy, an idiot and a problem. He gets within inches of her face at times and yells, calling her the crudest of curse words. This often happens in front of our juvenile boy. Just this past week he pulled his fist back as if he wanted to hit her. He is 6'2 and 375, she is 5'4 and 140. As a direct result of these ongoing attacks my wife has become depressed, fears going outside and takes medication for depression and anxiety. The local police have come out several times, not much they can do. I'm told a restraining order would likely not be permanent. I want to hit him were it counts!

In addition, he urges his wife and children to verbally assault her. My wife has suffered substantial emotional distress over this, her quality of life has diminished greatly. In addition, our juvenile son's behavior has changed. He encourages his children to provoke both my wife and son with both language and physical acts.

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Attorney answers 6

Posted

Consult with a personal injury attorney in your area. You may have something worth doing.

Posted

You may have a case. Consult an attorney ASAP.

Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.

Posted

If you beleive that he is trying to intimidate her, call the police. File charges for harrssment or assualt. However, as an intentional tort, it is unlikely anyone will take the case. You could file a civil claim yourself.

Asker

Posted

We have had the local police out several times, both on his bullying and related mischief. This guy does side repairs on autos out of his garage. Several of the local police have had him fix their personal cars. As a result, the police avoid taking definitive action. In fact, I heard one of them say to him .. " you know I'm only doing my job, I'll tell them I spoke to you and that there is no big issue here. By the way, thanks for helping out on the ( my ) truck." In fact, I believe that the police perpetuate this problem of harassment by giving the bully a sense of being " above the law ". There are many examples where this holds true. One clear example was this guy allowing his kids to race up and down the street in ATV's. on one such day another neighbor call the local police, she almost hit one of the boys as she returned home. The police never came out, nor did they ever make contact with this guy. After several days of the kids on the ATVs .. It finally was halted after a CHP caught them. Days later, they were back at it. This time, with a local cop watching them and egging them on. I know this may sound exaggerated, it is not. Not one bit, if anything it's minimized.

Posted

Use Avvo's "find a lawyer" tool

Posted

I suggest you place security video cameras in your home to protect your home and your wife. You should also have a security alarm that would connect with the police anytime this bully sets foot in your property uninvited. Right now you may have a case for trespassing, nuisance assault and attempted battery. File a complaint with the police and tell them what this individual has been doing. Your wife should not be subjected to this kind of sick behavior by this bully. Best of luck.

This answer is provided by California Accident Attorney Manuel A. Juarez, Esq., 510-206-4492. Abogado de Accidentes de Autos de California: 510-206-4492. Abogado de Lesiones de Accidentes de Autos, provides answers of a general context. These answers are not intended to form an attorney client relationship. Oakland Abogado Accidentes Autos, Abogado de Lesiones Personales, Abogado de Accidentes de carros, Abogado de accidentes de Peatones, practices in Antioch, Berkeley, Concord, Oakland, Hayward, Martinez, Newark, Richmond, San Francisco and San Rafael. El abogado de lesiones y heridos en accidentes de autos, is licensed only in California. This information is good only in California and it is not to be taken as legal advice on car accidents, personal injury, divorce, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Accidentes de Autos, Abogado de Lesiones Personales, Abogado de Heridos en Accidentes de carros, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Accidentes, Abogado de Divorcios, Abogado Latino de Accidentes, Abogado de Accidentes de Oakland, Hayward, San Francisco, California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq., esta licenciado solo en el Estado de California.

Asker

Posted

Although pricey, I have been collecting quotes on upgraded security. To add additional potential to this mans physical actions, he often admits to owning several firearms, proclaiming that he has my wife in his "sights".

Manuel Alzamora Juarez

Manuel Alzamora Juarez

Posted

Make sure that he does not see the video cameras and make sure you can capture audio. If he ever comes into your property and threatens your wife or assaults her, it should all be on video and if he insults her and threatens her, it would all be evidence against him. As a reminder, as I have ran into this issue lately and have brought a multi million lawsuit on it with two other colleagues, I would like to let all my colleagues know, in advance, that there is no expectation of privacy on the part of the bully if he comes into the victim's home to yell his threats and inflicts his psychological damage inn plain view of the neighborhood.!!!

Posted

I would move out, just to be sure the children have a safe home.

Asker

Posted

I appreciate your input. Moving out is not a financial possibility, nor would we want to penalize our son by removing him from an excellent school district. As with many homeowners, our property is behind the curve. Morally, I would not hand this guy a win .. Rather I would prefer to seek legal and effective remedy. Giving in to him would only serve to add to his " above the law" behavior.

Ajay Mohan Kwatra

Ajay Mohan Kwatra

Posted

It is a tough situtation, but a law suit usually does not calm a mad dog.

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