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  1. #1
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    Jul 2009
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    Default Neighbor Accusing My Child of Vandalism

    My question involves defamation in the state of: California

    My family and I have been a resident of house for almost 20 years. My neighbor has recently accused my younger son of vandalizing their vehicle one early morning by throwing eggs. They claimed that this is not only the 1st time but the 2nd time it has happened and chose not to confront my son during the time it happened, but later on in the afternoon.

    My neighbor also claimed that they have a witness who lives on the same street as us, that she clearly saw my son do this. They tried to get my son to wash the vehicle but my son denied everything and refused. The neighbors threatened to call the police and they did.

    When the officers arrived, they told us that the neighbors DID NOT want to file a police report, but only wanted the cars washed. Since they claimed that she saw my son vandalize her vehicle, as well as the witness, my son was given the following options, either A) wash their car whether he DID commit the act or not, and this will be dropped, or B) fight this and he will be locked up for the night, and then there will be a police report.

    I was frustrated and was positive my son did not commit the act as he was still sleeping in the house at that time. I did not want to see my son being locked up for the night for something he didnt do. He had no choice but to go clean the neighbors car in front of the whole neighborhood and other neighbors and officers. He never once admitted the accusations. He told the officers that he DID NOT do it but he will clean the car to drop it.

    My wife and I are both really bothered by what happened and feel injustice for what happened. The whole neighborhood now looks at us differently. We have been living here for almost 20 years with no problems whereas the accusing neighbor has only been living at their house for maybe 6 years. The "witness" is a friend of the accusing neighbor as they do hang out at each others' house from time to time.

    1 week later, I saw the accusing neighbor speak to OTHER neighbors about the situation while constantly pointing at my house during their conversation. They are obviously spreading the lies and false accusations of my son to other neighbors.

    My wife and I are not looking to seek any legal damages, we just want this to stop and clear our names.

    Are there any legal actions that we can take with the information that I have?


    EDIT: If your wondering WHY my neighbors might have any vendetta towards my family in causing this false accusation is because 2 years ago, my youngest son(same one of being accused), and my neighbor's son were teasing each other as they rode their bikes on the street. One would shout "im going to shoot you" while holding a water gun, while the other would shout "shut up". This went back and forth and forth and I just considered it child play since no one actually got hurt or acted violently. They were just being boys. 1 day the neighbor's friend came over to my property while I was unloading my car from groceries telling me that my son has been picking on my neighbors child and if he doesn't stop, there will be trouble. He claims that he doesnt want trouble, but if nothing changes, there will be trouble. From that point on, there has been tension between us and we've stayed out of their way.

  2. #2
    Join Date
    Jan 2006
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    38,867

    Default Re: Neighbor Accusing My Child of Vandilism

    your son had a choice:

    wash the cars or the police would continue with the complaint the neighbor was going to file which would result in your son being locked up. Now, he may have eventually been cleared of the charges but it somebody is willing to file the charges, there is nothing wrong with the police acting on those charges.

    I believe he did the smart thing and simply washed the car yet did not admit to any guilt.


    Are there any legal actions that we can take with the information that I have?
    No. He could have refused to wash the cars and be arrested. It was his choice.

  3. #3
    Join Date
    Jul 2009
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    3

    Default Re: Neighbor Accusing My Child of Vandilism

    Thanks JK.

    I mean is there anything we can do now regarding the neighbor spreading those false accusations around to other neighbors?

    Would my wife and I be able to act as proof that he was in the house at that time? The neighbor's witness is also her friend, does that affect anything?

  4. #4
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    Mar 2008
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    Default Re: Neighbor Accusing My Child of Vandilism

    No, there is nothing you can do at this point. I would advise you to tell, or rather, ORDER your son not go near the vehicles, or in that direction.

    This incident reminds me of the house I grew up in. We're minorities in the neighborhood, and a few times a year, the house got pelted with eggs. My dad was told by witnesses the boy who did it, he spoke once to the parent who indignantly denied her well behaved son would ever do such a thing, and in the 1950's, it's fashionable to end such a tirade with "why don't you go back to where you came from".

    So my dad spent the next few years cleaning up eggs from the side of the building, 6 or 8 times a year. On the weeks after my dad complained, the house was pelted daily, apparently as punishment for complaining.

    Some years went by, a new police station was built around the corner, and patrol cars would go down that street to go on duty. One day, the police rang the doorbell with this boy in tow, said they witnessed the boy pelting the house, and asked my dad if he got some rags so this young man can clean up the mess he made, i.e., the eggs thrown on the side of the building. My dad told the officers that this boy had been doing it for years. The officers asked why it was never reported. Me dad replied that he told his mom about it, she chose to disbelieve all the witnesses, and beleived her boy was an angel. My dad didn't say he doesn't beleive the police would do anything.

    The officers looked at each other and laughed and told my dad that this young man and is protective mom is known to them, and my dad should call the police again, if his house got pelted. Believe it or not, that was the last time the house was pelted.

    It seems to me that if this boy's mom checked out the neighbors complaints more carefully, nip the problem in the bud, she wouldn't have a situation where police officers are not going to believe that anytime, anything happens on this street, from here on in, it's going to be this boy's fault.

    And yes, I recall all the neighbors did talk about that family in disparaging tones, and I would say it would add insult to injury if this boy's parents sued for defamation. In fact, there might have been a riot on the block. Her attitude seems to be, if you don't like us, "why don't YOUS go back to where you came from".

  5. #5
    Join Date
    Jul 2009
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    Midwest
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    Default Re: Neighbor Accusing My Child of Vandalism

    Unfortunatly, people can say what they want, when they want and in the manner that they want (...for the most part, yelling "fire" in a movie theatre isn't applicable or saying things that would normally distrupt the flow of activity, amounting to disordly conduct). Something that the Framers of our Constitution made very specific in the First Amend.

    In the sense that your son decided to wash the cars and not admit to anything, was and IS the best choice. But if you really feel your son was completly innocent...that is all that really matters. Your "word" to protect your son, is just the same as a friend "sticking-up" for another, it's extremely biased (be a lot different if an "uninterested" third party could verify your son's alibi.) I don't think it would hold much merit to a jury. Who wouldn't lie for their children (even if you're not willing to admit that)?

    For this to amount to slander or defamation... in law, defamation is the communication of a statement that makes a claim, expressly stated or implied to be factual, that may give an individual, business, product, group, government or nation a negative image. It is usually, but not always, a requirement that this claim be false and that the publication is communicated to someone other than the person defamed (the claimant). I guess, only your son knows for sure if he is innocent or not, and unless he has solid proof that he didn't do it (other than the words of his parents), the truth is subjective, rather than objective in this matter.

    Could you file a civil suit for slander against your entire neighborhood? Sure... but I guess every high school student would be tied up in civil litigation, for we all, at one time or another, slandered...nothing more than rumors, very Desperate Housewives-ish

  6. #6
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    Jul 2009
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    Default Re: Neighbor Accusing My Child of Vandalism

    Thanks for everyone's advice.

    SChinFChin, our story is just like yours, we are minorities as well, except our story is the other way around. We were the ones blamed for the act. Even if my son absolutely avoids the vehicles, what can we do if he gets blamed again? Because telling him to avoid the car is irrelevant since he never goes across the street to the neighbor's side anyways.... even BEFORE this incident, but he still got blamed.

    I guess there is nothing for my wife and I to do now besides letting the accusing neighbor continue with her rants to everyone else about us. Is there anything we can do in the future to protect us if this were to happen again? I can't imagine having an alibi for my son early in the morning, since he is asleep and its only my wife and I that are awake at that time.

    Can we keep a log of dates and time if we continue to see the neighbor pointing at our house as well as continuing to spread rumors about my family? Would any of that hold up as evidence for harassment?

    Again, we aren't seeking for any damages, we just want this to stop. I've read about a cease and desist letter being drafted by an attorney, but based on my situation and info, would this be enough to send a cease and desist letter regarding harassment

  7. #7
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    Default Re: Neighbor Accusing My Child of Vandalism

    Simple harrassment is not a crime...but there are laws against criminal harrassment, but I don't think your neighbors have breached that line as of yet (from what you have described.)

    Criminal harassment is harassing behaviour that includes stalking. The behaviour must give you good reason to fear for your personal safety and it must have no legitimate purpose. Generally, the behaviour must happen not just once, but repeatedly. However, where the behaviour is overtly threatening, a single incident may be considered criminal harassment. It is not an excuse for the person to claim that he or she did not intend to frighten you.

    Again, the only proof you possess of ANY type of "harassment" is word-of-mouth. You will need clear and concise tangible evidence (letters, e-mails, videos -- be careful with this one, because YOU might actually be charged with criminal harrassment.)

    I don't think any court will be issuing a "gag" order or cease and desist letter...for all the neighbors must do is say "what rumors?" or "what harassment?"-- prove it. Unfair situation for both you and your son, but there could be a positive outcome maybe this incident might inspire him to enter into law...if this amounts to such an "injustice".

  8. #8
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    Mar 2008
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    Default Re: Neighbor Accusing My Child of Vandalism

    Quote Quoting mike_t
    View Post
    Thanks for everyone's advice.


    Can we keep a log of dates and time if we continue to see the neighbor pointing at our house as well as continuing to spread rumors about my family? Would any of that hold up as evidence for harassment?

    Again, we aren't seeking for any damages, we just want this to stop. I've read about a cease and desist letter being drafted by an attorney, but based on my situation and info, would this be enough to send a cease and desist letter regarding harassment
    A tenant who rents a house from me had a dispute with the next door neighbor, and his son. It escalated into claims of the neighbor throwing nails and other stuff into my (tenant's) yard.

    What my tenant asked me to do was help him split the cost of a surveillance system. He got the system for less than $1,000 in Costco, and I think in even came with the PC, though I'm not sure, 4 cameras, and can record and playback scenes from these 4 cameras, set at various locations outside the house. He had me go by for a demo, and he rolled the time back to 6:30 AM when his wife left for work, and it clearly showed her walking to the car, starting it up, and driving away. Real cool.

    From what I was told, after the camera went in, the throwing of stuff stopped.

    I also saw on TV, the TruTV cable channel, where there was a show where they show video clips from surveillance tapes. One gay man claims to be always attacked by the neighbors son across the street, but the neighbors, and their friends all denied it. So he had surveillance camera pointed across the street, and one day as he was walking home across the street, the video showed the neighbors son came running out, bopping him on the head, and then spraying him with a hose.

    If these people are right across the street from you, as you said, I would say if a camera could be trained on them, and with these surveillance systems being able to maintain video records for a few days, it might be worth the investment.

  9. #9
    Join Date
    Mar 2009
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    Key West, FL
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    2,350

    Default Re: Neighbor Accusing My Child of Vandalism

    In these types of situations I also recommend the installation of a decent closed circuit television system. A decent DVR will record for hundreds of hours with 4 cameras for a few hundred and outdoor cameras can be had for $50 each or so. The DVR also provides a date and time stamp on the video which makes it admissible in court. The DVR is also accessible over a high speed internet connection so you can keep an eye on things when away.

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