Threats From a Neighbor

deltasoft · #1 08-03-2008, 01:49 PM

My question involves criminal law for the state of:Texas

Good afternoon All,

I live in Dallas Texas and this morning my neighboor accused me of hitting he's boat with some wood he had piled up on the floor that pertained him and the boat is even on the other side. I told him that makes no sense and i had not seen such.....He then advised i was not to go by the utility easement again or he would "beat my ass" i know that is definitely a threat almost to kill and i was with my youngest son at the time next to me and my father. He was with he's buddy neighboor accross the street say all of this.

Now here's my questions:

Can i file for battery assault or some type of assault based on what he said?

How does it work when it comes to these type of assualts? As he was cursing left and right and saying such to me and my family

Your help is greatly appriciated.

Thanks!

cyjeff · #2 08-03-2008, 01:57 PM

You call the police and tell them that your neighbor is making a terrorist threat.

The police will come and tell you two to handle it like grownups.

deltasoft · #3 08-03-2008, 02:17 PM

wow very funy jeff very funny really!!!!

I believe this is an agrevated assualt i should file here after doing some reading....... and then restriction order....

Any suggestions folks beside the nonsense i just received?

Thanks a bunch!

LawResearcherMissy · #4 08-03-2008, 02:25 PM

Nonsense?

No, reality.

If someone threatens to "beat [your] ass", you don't run to the internet wanting to know if you can sue. You call the police and say "Hey, my neighbor said he was going to beat my ass! I'm a little worried that he's dangerous."

Then the police come out and take your statement, take his statement, then tell you both to grow up and stop acting like children, they're too busy dealing with actual criminals to mediate neighborhood disputes between a loudmouth blowhard and some guy who wasn't anywhere near the blowhard's boat.

Then, if the blowhard starts blustering again, you've got a record that you can take to court to get a restraining order.

cyjeff · #5 08-03-2008, 02:25 PM

Quoting deltasoft

wow very funy jeff very funny really!!!!

I believe this is an agrevated assualt i should file here after doing some reading....... and then restriction order....

Any suggestions folks beside the nonsense i just received?

Thanks a bunch!

Aggrevated assault would require physical contact. You stated there wasn't anything done more than a vague threat.

I suggested you call the police. Have you done so yet? If not, why not?

cyjeff · #6 08-03-2008, 02:26 PM

Quoting LawResearcherMissy

Nonsense?

No, reality.

If someone threatens to "beat [your] ass", you don't run to the internet wanting to know if you can sue. You call the police and say "Hey, my neighbor said he was going to beat my ass! I'm a little worried that he's dangerous."

Then the police come out and take your statement, take his statement, then tell you both to grow up and stop acting like children, they're too busy dealing with actual criminals to mediate neighborhood disputes between a loudmouth blowhard and some guy who wasn't anywhere near the blowhard's boat.

Then, if the blowhard starts blustering again, you've got a record that you can take to court to get a restraining order.

Thanks... I don't know why no one believes me.

deltasoft · #7 08-03-2008, 02:38 PM

thanks all that was a very quick response. Sorry jeff i thought you were laughing at my scenerio or issue and honestly i am just worried for my kids.........

It just happened 5 mins ago...i am going to call the police and file....

BOR · #8 08-03-2008, 02:51 PM

Quoting deltasoft

Now here's my questions:

Can i file for battery assault or some type of assault based on what he said?

How does it work when it comes to these type of assualts? As he was cursing left and right and saying such to me and my family

Your help is greatly appriciated.

Thanks!

I was not there so I do not know the "tone/inflection" of his threat/comment.

You very well could have taken it as more then an off the wall comment, considering any such past neighborly behavior??

Although some states classify "assault" as a verbal threat and "battery" as a touching, it may or not be the case in your state.

That aside, what you are looking at "possibly" in a criminal law context is some type of disorderly conduct/menacing charge, especially if it was yelled at in front of your minor child. "Fighting words" generally provoke such valid charges.

My opinion is, duly note what has happened. Don't take it lightly, but IMO, it probably does not rise to the level for a criminal charge to be filed. Of course, as I said, I was not there.

BUT:

He then advised i was not to go by the utility easement again:

If you have no right in this area (do you), then he may consider it trespassing, so the level of "threat" of protecting his property is a concern, so what he said would, IMO, NOT rise to the level of any criminal charge.

You may have taken it as a serious bodily threat, I am not disputing this, but I doubt the law will see it that way.

Bset to keep clear as far as you can from his immediate area.

BOR · #9 08-03-2008, 02:53 PM

Quoting LawResearcherMissy

Nonsense?

No, reality.

If someone threatens to "beat [your] ass", you don't run to the internet wanting to know if you can sue. You call the police and say "Hey, my neighbor said he was going to beat my ass! I'm a little worried that he's dangerous."

Missy, I took his post as filing a criminal complaint for assault, as he terms it. You obvioulsy think he means civil complaint?? I don't know which he means, to be honest, I am assuming criminal??

LawResearcherMissy · #10 08-03-2008, 04:17 PM

Quoting BOR

Missy, I took his post as filing a criminal complaint for assault, as he terms it. You obvioulsy think he means civil complaint?? I don't know which he means, to be honest, I am assuming criminal??

Whichever he means, it's doubtful he can do much outside of file a complaint with the police the first time the guy runs off at the mouth.