Taking neighbors to court

[yikes9999]

We have a magistrate's hearing in Massachusetts on July 20th to determine probable cause on a variety of charges against our neighbors including criminal harassment, trespass, assault, indecent exposure, assault with a dangerous weapon (SUV) and child endangerment. These charges were filed on June 7th, and a single charge of criminal harassment was filed against me on June 16th in apparent retaliation.

We've lived in our home for one year, and have been brutally harassed by the people next door for the past nine months. This started because several people including myself called DSS on these people for neglect of their four young children.

We've put up fences, installed video and alarm systems, hired an attorney,
gotten counseling for our four year old son because of all the hostility, gotten medication from our physician so we can sleep at night and not react to the neighbors who constantly attempt to illicit a violent response from us.

We have several videos, certified letters, photographs, police reports and a few witnesses to present as evidence at the hearing. My concern is that the neighbors have been escalating their attacks on us to the point that someone could really get hurt. Does anyone know how to get a court order in Massachusetts to civilly restrain these people from coming near us?
Our attorney said we have to go to superior court and ask for some sort of injunction. We have an appt with him on Monday. Just wondering if any of you know how this works, and how hard this type of order is to get in Massachusetts. Thanks.

[Litigator]

Sounds like you should follow the advice of your attorney. If you have basically tried everything you can (and it sounds as though you have), then you really have no option but to seek injunctive relief for a nuisance. It sounds like you can build a strong case for it. If the court grants the injunctive relief then in the future you can file a petition to have the neighbors held in contempt of court in they violate the order issuing the injunction. If found in contempt the sanctions could include jail time. As contempt is a continuation of the original case it is generally easier to seek contempt than it is to open another case. And the threat of contempt is a pretty good deterrent to stop the foolishness.

[yikes9999]

Thanks. My attorney is a former magistrate, and I certainly will take any and all advice he gives tomorrow. The process has been a nightmare, and I will do just about anything to make it END. Thanks again.

[yikes9999]

Court date was yesterday. All parties appeared with their witnesses and documents. We dragged our entire survelliance system with all of the original videotapes to the second floor of the courthouse only to be told that our lawyer was stuck on Martha's Vineyard and the hearing was rescheduled to August 3rd. The neighbors were smirking and even blowing kisses at us right in the lobby of the courthouse in front of video cameras. I spoke briefly to my attorney who actually recommended that I go forward without him!
I asked him (for the fifth time) about the injunction and he said that he really wasn't sure how it works.

I called another attorney this afternoon who said he will "brainstorm" with his associates over the weekend to see what can be done to keep these people off of our property and away from us altogether. In Massachusetts we have a "209A" restraining order which is easy to get if you have some blood or sexual relationship with the other party, but not otherwise.

Can anyone PLEASE tell me how to get the court to civilly or criminally restrain these people from assaulting us on a daily basis? I have videotape showing them soaking us with their hose on our property, and another showing them charging at us on the left side of the road with their SUV, forcing us off the road. They had a carload of kids at the time.
Criminal charges against them are pending, but tensions are escalating.
PLEASE HELP!

[yikes9999]

We cannot step foot outside of our home without fear of being assaulted. There are several criminal charges pending against them, but the hearing isn't for two weeks.


I'm afraid somThe situation now is that my attorney does not know how to get the injunction. So far, neither does anyone else. Do you?

Do we have to be bloody or dead in the street before anyone does anything to stop this stuff? Should I call the Attorney General's office or what?

Why is it so easy to get a restraining order against a family member or former lover, but so difficul to get one against people you have on video tape
trying to kill you? Someeone might seriously get hurt before then. I can't find a lawyer
here who knows how to get an injunction to keep these people off of our property and stop the brutality. The police say they "don't prevent crime, only respond to it". CAN ANYONE TELL ME HOW TO STOP THIS BEFORE SOMEONE GETS HURT, PLEASE?

[garrula lingua]

I have never seen a piece of paper make people behave civilly to neighbors with whom they are feuding.

Move. The court can't change people's behavior - they can only punish after the fact. Likewise, the cops can only arrest afterward.

Move. Life is too short; children are too precious; childhood is so traumatic regarding frightening situations.

Send the children to the in-laws/relatives.

Speak with a realtor. There is no winning in these situations.

If you are dealing with crazy people, they are not suddenly going to become sane because a court said they cannot do something and issued paperwork accordingly. Move.

[yikes9999]

I would if I could. We sunk everything we had into this house, which we thought was our "dream home". We paid top dollar and property values have now dropped significantly. We are experiencing one of the highest foreclosure rates in the nation at the moment. There are three houses for sale on our street and one in foreclosure.

I agree with your statements about children, and I am doing everything I can to stop the harassment.

A Lt. at the police department told us if we could get this injunction or "stay away order", it would be much easier for them to respond to the harassment.
In other words, the police could arrest the neighbors. I really believe that would stop the madness, and I am working hard to make that happen.

[yikes9999]

My state: MASSACHUSETTS

Can anyone tell me where to find a comprehensive list of protected categories under MCRA in Massachusetts, and what the criteria for proving one's self to be in that particular protected class?

[yikes9999]

From Mr. Knowitall "I can help you out with a list of genders, but if you want a list of every nationality, race, religion, etc., which might fall under the act I think you'll have to built it yourself.

If you have any basis upon which to claim a civil rights violation, the better approach would be to describe it here and see if people think it could hold water. Otherwise, check out the Massachusetts Attorney General's FAQ."

I'll do that. Thanks. The neighbors are calling my 46 year old husband and my four year old son f a g g o t s, and me a f a t a s s f a g h a g CXXX just about every day. Their basis for calling my son that name is because he loves rainbows and playing with girls. I have no idea if my son is gay, nor do I care. He is a beautiful child whose innocence is being robbed by these animals.

A group of six children and three adults played the song YMCA by the Village People for ninety minutes in their back yard (next door to ours) the other night, while dancing around, making lewd gestures and yelling stuff like "move to provincetown you f'n homos" as well as the above mentioned language.

This type of behavior has been going on for a year. Basically they characterize me as a fat pig who is married to a gay man with a gay child.

We have videos of assaults, certified letters, affidavits and witnesses describing several incidents involving their perception of our sexual orientation. A magistrate's hearing is scheduled for August 3rd.

We cannot walk down the street without being assaulted verbally or physically. My 78 year old mother who has a heart condition was visiting while the YMCA thing was going on.

Do I not have a civil right to quiet enjoyment of my home? IF I can get the attorney general's office to somehow categorize one of us in a protected category, I can probably get the injunction I so desperately need at this point. Thanks for anything you can advise to help me with this mess.