Freeport, FL asked in Civil Litigation for Florida

Q: is it against the law to harass and bully a mentally handicapped person

neighbor harassing us about buying our property. my husband is mentally handicapped and the neighbor is trying to trick my husband and calling him names

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2 Lawyer Answers
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: No. But depending on what you mean by "mentally handicapped" I would be puzzled by the suggestion that he is capable of selling the property. Was he like that when you married him?

Charles M.  Baron
Charles M. Baron
Answered
  • Hollywood, FL
  • Licensed in Florida

A: It depends on what you mean by "harass and bully". If you mean merely persistently making an offer to buy your property, that's not unlawful, regardless of your husband's mental condition. However, if, AFTER you and your husband tell him to stop making offers, the neighbor were to make repeated phone calls, text messages, or emails about the same thing, or were to continuously knock on your door, you and your husband may be able to obtain an injunction against stalking or cyberstalking (also known as a restraining order). Regarding name-calling, it's generally within freedom of speech rights to engage in name-calling and profanities. However, if it's in conjunction with stalking or cyberstalking after being told to stop it, you may seek an injunction, and you and/or your husband may also have a potential civil claim for money damages for intentional infliction of emotional distress. Finally, regardless of what, if any, of the neighbor's actions are unlawful, you can hire a lawyer to send a harsh cease & desist letter, and see if that does the trick.

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