Can I Get a Protective Order Against a Neighbor
My question involves restraining orders in the State of: Ohio
I live in an upstairs apartment and the neighbors downstairs constantly fight and it is disturbing our right for peaceful enjoyment. Last night they were yelling and fighting for 3 hours (until 11pm). I stomped my foot 3 times on our floor to get them to stop. The female member of the couple pounded on our door until I opened it. She began yelling at me that I was going to wake her baby. She was clearly intoxicated! I told her to just go away and I tried to close my door but she would not move from the doorway. I told her to leave or I would call the police. I had to call them and they did record her yelling at me. Can I get any type of protective/restraining order against her and her partner? Thank you!
Re: Can I Get Protection from a Neighbor
Not likely on the basis of what you describe.
Re: Can I Get a Protective Order Against a Neighbor
You can certainly petition the court for a restraining order against the female. If the other partner was not directly involved in the harassment, the court will most likely not include that party in the Order. Since they are tenants in the same building as you, obtaining a court injunction may have other unintended consequences for the parties involved.
If the couple was fighting for three hours, why did you not call the police earlier and report the disturbance? Most police agencies are generally good at responding to disturbance of the peace calls when the disturbance is reported as fighting or a domestic dispute. Those can quickly get out of hand and it's usually far better for the police to deal with the situation than a neighbor.