Falsely Accused Breaking and Entering
(Arizona) I have been having issues with my directly downstairs neighbors since they have moved in.
The male neighbor is extremely loud, often yells out profanities directed at his partner, and I can hear loud thumps and pounds. One morning, my boyfriend and I were woken up at 8am by his yelling and banging. In fear that the woman was being abused, we called the police and he was arrested for Disorderly Conduct. We were subpoenaed by the state to appear against him in court, where he was found guilty of the Disorderly Conduct.
Since then, we had an Injunction Against Harassment granted against him. We continued to hear yelling and banging below us, even after hearing and after the injunction was served. We were in contact, once again, multiple times with the Apartment complex, the security company that does their rounds at our complex, and the police department.
Since his arrest, this man has made numerous false complaints to the complex and police about us. However, all of these complaints were filed AFTER his arrest, and only after. These complaints to the apartment have escalated to wrongly accusing my boyfriend and I of trying to break and enter, when two officers appeared at our doorstep this morning to question us.
I have been walking on eggshells since this has all begun. I don't invite friends over because we are afraid of the noise level. Our neighbor has banged on the wall at us, after I have even just sneezed. He is double my age, triple my size, and showed nothing but belligerence when speaking to people of authority (officers and judge). We are scared for our safety and we are scared of this continued harassment.
What should be done? How do we end this harassment? With the injunction, is he even allowed on the premises (he does NOT live there, and he is NOT on the lease)?? We are just two college kids who heard a lady getting hurt, and we're sick of paying for doing the right the right thing.
Re: Falsely Accused Breaking and Entering
The anti-harassment order should have very specific conditions. Read the conditions and look for things like “respondent is restrained from coming within XX feet of petitioner’s home, place of work, school,” etc. There is also likely something about him having no contact with you, verbal or written, either directly or through a 3rd party. If he violates any of these conditions, report it to the police immediately and have your copy of the order handy to show the responding officers.
Re: Falsely Accused Breaking and Entering
It did not say on the document I received. I called the Police Dept. and they said they aren't sure but that what I can do is get the injunction amended so that it covers the whole building complex. I just don't feel like that should be necessary... If it isn't his residence and the injunction is active, shouldn't he just not be there?
Re: Falsely Accused Breaking and Entering
The police have told you that if you want them to enforce it against the other apartment you need to seek an amendment. You have decided that you don't care enough to have the order amended. The net result is that the man will continue to visit the other apartment.
Re: Falsely Accused Breaking and Entering
I have decided to care enough to seek help before doing anything unnecessary being as I am obviously inexperienced in this area. Thank you for your help.