I need some advice.

Trebissky

Active Member
Joined
May 16, 2005
Location
Durham, NC
Sat. 6/19/10:
So I was on the way to the YMCA to work out and maybe have a swim, and my wife calls me to tell me to come back home ASAP. So I do, and there's FOUR cop cars and an animal control truck parked on the street beside my house. Seems the people who live next door to us, and who routinely let THEIR dog go outside without any supervision, never mind on a leash, let the dog out by itself again... and THIS time, the dog shoved its way under, and then THROUGH not one but TWO fences and got part way into our yard.

Whereupon OUR dogs proceeded to defend their territory from an intruder. Tore the other one up pretty bad, and as if that's not bad enough, the idiot owner is out there shouting at the cops about "taking care of those mangy dogs over there". As if MY dogs somehow reached through those TWO fences and pulled his dog into MY yard.

:mad:

Sunday 6/27/10:

So then THIS weekend, we put the dogs AND cats into Doggy Day Care for three days, and the wife and I went up to Danville VA. There's a Tank Museum up there, and this Saturday several guys from several groups were holding battles with RC tanks, on the museum's INDOOR scale battlefield. Watched them do that, took a bunch of pics, had a fairly good time. Came back Sunday.

We had to wait until after 4 PM to pick up the pets. Went and got them all, got back home, and when I went to get out of my truck, all five dogs shoved out behind me. I managed to get the gate open and FOUR of them ran right in the yard. So of course one didn't. He decided he was going to run around the outside of the yard first.

And who just happened to be coming past right that second? Go ahead. Guess.

And he had his little girl with him, supposedly going to the store. Started screaming about "Better get your dog" at the top of his lungs, even as I'm TRYING to get the dog. Wasn't good enough, he keeps screaming at me, then screaming at my wife, and THEN... the stupid mother fucker picks up a TREE LIMB and starts threatening the dog with it. And of course, that makes the dog scared, and HE goes into defense mode. Won't come to me for anything, now.

I start yelling that he better NOT hit that dog, I'll GET the dog... nope, all the shithead wants to do is swing the TREE BRANCH. No, I don't mean a stick. This thing was at least 4 inches in diameter and about 7 feet long.

So now the dog tries to get away from him and runs onto "his" lawn... not really his, he just rents... and dumbshit thinks that means that now he can go ahead and hit the dog. Well I got right up in his face to keep him from doing that...

And the son of a bitch shoved ME down on the ground, and then hit ME with the branch.

And then the son of a bitch went to jail.

Court date for Aug 2, and I don't know whether to put a restraining order on him AND his girlfriend with a distance of 1000 feet... effectively FORCING them to move out... or just call the house's owner and tell HIM I want them out. One way or another, though, they are LEAVING ASAP!

Let me know as soon as this starts being fun, somebody.
 
wow. well first of all i would enlighten the property owner then file a order with the local police to do whatever you need to do making sure if he comes on your property or it happens again there will be severe consequences. just have to make sure you keep your dogs @ bay. you see what stupid animal control officers do just bc they dont feel like "chasing" animals. as far as his dog coming in your yard, do what i did and buy a decent powered airsoft gun. (you get the rest).
Good Luck
 
as far as his dog coming in your yard, do what i did and buy a decent powered airsoft gun. (you get the rest).
Good Luck


Or rubber .22's. I'm not up on the restraining order stuff, but I wouldn't think a restraining order could force him out of his residence and there would be some sort of provision. In reality, I don't see how a dispute between you two could allow the landlord to evict him (cleanly). The worst I'd imagine is definitely an assault charge, maybe battery with a stick? I just don't see much of anything that can be done besides that.
 
Probably in your best interests to not divulge too much information on the internet



Pretty juicy story, none the less.
 
1000' is a pretty serious restraining order. TBO I seriously doubt a judge would grant that, especially when he sees the addresses. I could be wrong but I don't think they will grant one that requires a move unless there is real evidence of serious danger (which there isn't here).
But regardless you need to have a "discussion" with his landlord. Be nice and polite, and lay out the facts - mostly so he knows what is going on.
 
I would have your lawyer contact the property owner and explain the situation. The DA should be going for assault w. a deadly weapon and your lawyer should be pushing for that, especially if it is an election year for the DA. Do not look at them, speak to them, NOTHING. All communication through lawyer, you will drop case if they move. Nothing less or have fun in jail.

And delete this thread or the mods should move it to the garage.
 
If original poster requests, it can be moved.

Also thread starter (aka original poster or person who makes the first post) can go into edit mode then select advance edit mode and DELETE the entire thread at any time.
 
Sorry man, I know that sucks living next to someone like that.

I second not saying any more about it until this thread is moved into the garage, because the other guy's lawyer can easily copy this thread for evidence as long as it stays in General Chit Chat.
 
I notice alot of folks have told the OP not to say anything else and this thread could be used for evidence. What could be used as evidence? What has he said or done wrong besides recount an experience? Will him saying he wants the guy moved out or asking if he should request a restraining order sway the courts one way or another? I realize it could in fact turn in to something else as all threads do, but to this point, what's legally wrong with this thread?
 
I notice alot of folks have told the OP not to say anything else and this thread could be used for evidence. What could be used as evidence? What has he said or done wrong besides recount an experience? Will him saying he wants the guy moved out or asking if he should request a restraining order sway the courts one way or another? I realize it could in fact turn in to something else as all threads do, but to this point, what's legally wrong with this thread?

I'm wondering the same thing. Please explain.
 
I wasn't referring to anything he has already said, I just didn't want him to say "next time I see that SOB in my yard I will knock him out" or "next time I see his dog in my yard I am going to shoot it" because those types of things would not look good for a restraining order in a criminal case.
 
Lawyer hat on, " The previous unwarranted confrontations and colorful descriptions used by the plantiff of defendent could only be construed as an aggressive individual. The fact that the attack occurred on defendents property was a situation of defendent self defense. Plantiff approached defendent with voice raised and defendent had no choice but to act in self defense of property and family.

IOW one word against the other. hey I agree it 110% BS but do you want to deal with this potential. hey I have no dog in the fight (HA) so do whatever.
 
I wasn't referring to anything he has already said, I just didn't want him to say "next time I see that SOB in my yard I will knock him out" or "next time I see his dog in my yard I am going to shoot it" because those types of things would not look good for a restraining order in a criminal case.


Bingo. People say the darnedest things on the internet
 
I wasn't referring to anything he has already said, I just didn't want him to say "next time I see that SOB in my yard I will knock him out" or "next time I see his dog in my yard I am going to shoot it" because those types of things would not look good for a restraining order in a criminal case.
Bingo. People say the darnedest things on the internet

Alright...gotcha, I just wanted to make sure I didn't miss something good and juicy, but I figured that's what was meant, hence this:

I realize it could in fact turn in to something else as all threads do,
 
I wasn't referring to anything he has already said, I just didn't want him to say "next time I see that SOB in my yard I will knock him out" or "next time I see his dog in my yard I am going to shoot it" because those types of things would not look good for a restraining order in a criminal case.

thats why i said "you get the rest":lol:
 
Him pushin me down and hittin me w the stick would have been enuf cause for me to open a can on him,or at least try to:lol:
 
I wasn't referring to anything he has already said, I just didn't want him to say "next time I see that SOB in my yard I will knock him out" or "next time I see his dog in my yard I am going to shoot it" because those types of things would not look good for a restraining order in a criminal case.
Have no fear, I'm not about to do any of that. But yeah, I do appreciate the advice, especially about getting MYSELF a lawyer. Not so much as saying hello to either of them.

Move this or delete it at your decision.
 
If it would have been me I would have shoved that stick up his ass and out his mouth if he hit me with it.
How long until you turn 58? Still, that's not what I'm about, anyhow.
 
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