My Mother was Assaulted and Battered by another tenant here in Carson city Nevada the whole thing was caught on tape .. This was clearly elderly abuse since my mother was 64 years old ... Now we field police reports I did a citizens arrest form but the other tenant never got arrested .. My mother is now in fear for her life because the tenant still lives next door to my mom and the land lord has not evicted them yet... My mother suffers from high anxiety and bipolar depression and does not need this added stress... Is there any way I can sue my apartment complex for endangerment ?? Or go after the police for endangerment since they never arrested this other tenant?? What are our rights ...
Based on the reports of the incident and the investigation (at whatever level) of the police, your mother should be able to obtain a protective order against the neighbor. That may not make her feel any more secure or safe, but it will lay the foundation for a substantial claim against that person if any other such abuse should occur. Additionally, if anything further happened - including even just a screaming match with no physical component - the police would be obligated to detain, question and probably arrest the individual for violating an order to stay away from her. She can go to the courthouse and ask for help to accomplish this and does not likely need an attorney to help her obtain the necessary papers to make the request.
Mr. Williams is licensed to practice law in the state of Nevada. The foregoing response does not constitute legal advice and does not create an attorney/client relationship. The response is, essentially, educational only, and is intended to provide general legal information about the matters presented by the question. Often, the question does not include significant and important facts, dates and other information that, if known, could significantly affect the appropriateness of the response and make it unsuitable. Mr. Williams strongly advises consulting directly with an attorney licensed in your state in order to ensure proper advice and counsel is received.
I agree with Mr. Williams. Moving sounds like a good idea, if you can find another place. Protective orders might help, or inflame the situation. Courts hesitate to order landlords to evict their paying tenants. And even if you get a temporary protective order, you have to show up for hearing and face the crazy guy in court. Who needs that stress and danger?
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