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Dispute Between Neighbors Turned Into a Brawl

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  • 10-28-2013, 04:24 PM
    calilove4_5
    Dispute Between Neighbors Turned Into a Brawl
    This happened in the state of California. The wife comes over to my house in the morning and complains about our trash being in her trash can. Only way it made sense was someone came along to look through our trash cans (alley) and emptied it in hers. My parents come home later that day and the wife threw all the trash on our side. My dad becomes upset and goes to the neighbors house and knocks on the door. Im standing there with him while we are talking to the husband. (in a very calm manner) The wife comes out screaming and yelling saying we always do these things on purpose and on and on. My mom comes out after hearing the yelling and after a time everybody is yelling at eachother. Out of no where the husband punches my dad in the face to the point of almost ko. After he is hit, the brawl begins. Im a 18 year old female in between two men. My dad whom is 50 something getting beaten. I look over and the wife attacks my mom. My mom is on the ground with the wife, and im on top of my dad trying to protect him from this man while I get hit from behind by the husbands fists. Next thing I know, my little 14 year old sister is by the fight with my mom crying telling the wife to get off my mom and the husband goes grabs my 14 year old sister by her hair and punches her in the face.... the fight still did not stop because of that. At the end of the brawl, my dad is trying to get away trips backward and breaks his ankle. To the point that there was 5 in of bone sticking out. The husband was still beating my dad until he decided to stop. Paramedics and police came. Took my dad to the hospital. NO BODY GOT ARRESTED. This grown man and punched my 14 year old sister is still walking around my neighborhood, infront of my tramatized sister with his freedom. I would like to know the probable out come. We were on their property the whole time. The fight began with the intial punch from the husband. And began beating my dad, as well as the wife beating my mom. Nothing but self-defense occured on our behalf. My dad injuring himself on their property should cause for liability on their behalf. We are waiting for an investigator. And the neighbors are trying to sue us. Please help.
  • 10-28-2013, 04:55 PM
    gail in georgia
    Re: 14 Year Old Hit Plus Family Attacked by Neighbors on Neighbor's Property
    " My dad becomes upset and goes to the neighbors house and knocks on the door. Im standing there with him while we are talking to the husband. (in a very calm manner)"

    I'm sure....

    The rest of this sounds like it would make a great segment on "Trash Family" (literally).

    Gail
  • 10-28-2013, 05:30 PM
    Disagreeable
    Re: 14 Year Old Hit Plus Family Attacked by Neighbors on Neighbor's Property
    Apparently, there are no witnesses, only combatants. A fifty/fifty outcome is offset by your family being on their property and them being outnumbered. Hope dads ankle heals fast and well. Good Luck.
  • 10-29-2013, 12:05 AM
    calilove4_5
    Re: Dispute Between Neighbors Turned Into a Brawl
    Their daughter came out in the middle of the whole thing and started attacking my as well. So they werent out numbered. The people accross the street came to break it up. But it sounds like they want to not be on anyones side and remain silent.
  • 10-29-2013, 12:13 AM
    jk
    Re: Dispute Between Neighbors Turned Into a Brawl
    So you let the police present this to the prosecutor and wait to see who, if anybody gets charged with anything.

    if you or your parents want to attempt to exact what they believe to be justice, any or all of you file a civil suit against whomever you believe injured you.
  • 10-29-2013, 12:41 AM
    cdwjava
    Re: Dispute Between Neighbors Turned Into a Brawl
    I see fighting in public (misdemeanor) being a potential charge for all involved, as well as battery (a misdemeanor) and MAYBE ADW (a felony) against the guy who was fighting dad ... but, since he tripped when backing away, that might be tough.

    The reason the police probably didn't arrest anyone at the scene is that nothing pointed to a single attacker, and most the evidence pointed to a mutual combat situation. The police will likely write a report and present it to the DA and await his decision. Depending on the caseload of the DA this decision might take many weeks or months to be made.

    Be prepared for everyone to be charged ... or no one. Given the scenario as you have laid it out I don't see this being a situation where only one party gets charged.

    Your dad (or any of you) is free to pay an attorney and sue the neighbor for damages should he choose. But, any award will likely go first to the insurance company that handled the treatment followed by any out of pocket losses for dad.
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