Portland, OR asked in Personal Injury and Municipal Law for Oregon

Q: Can I obtain a restraining order against my neighbor?

A land use issue was recently judged against my neighbor. My neighbor is angry with me regarding this issue. I thought this matter would be done. Now my neighbor is setting up a lounge chair and staring at us and our home. The neighbor doesn't say much. This is our neighbor's attempt to intimidate us. We, or course, want our neighbor to stop staring at us.

2 Lawyer Answers
Gregory L Abbott
Gregory L Abbott
  • Portland, OR
  • Licensed in Oregon

A: Looking at your house from their own property is fully lawful and, by itself, not subject to any sort of restraining order. Depending upon the exact details and local ordinances, this is what fences were created for.

Todd B. Kotler agrees with this answer

1 user found this answer helpful

A: I recommend reading your state's protection order statute. If it is anything like Ohio's you will not be successful. According to you your neighbor is staring at you and your home. "The neighbor doesn't say much. " In my experience you would need to be able to demonstrate to the Court a pattern of activity "stalking contacts" that must cause you to feel alarmed (fearful of danger) or coerced (forced). The feeling of alarm or coercion must be objectively reasonable. This means that the average person would also feel alarmed or coerced by the contacts. The contacts must cause you reasonable apprehension (worry) for your personal safety or the safety of an immediate family or household member.

Objectively, what you allege is that the neighbor sits on the lawn of what I presume is the neighbor's own home, makes no actual verbal threats and stares at your home. The neighbor has not made any specifically threatening statements to physically harm or create danger. Where is the coercion here? What danger has the neighbor threatened? How is your safety implicated? I just do not see it based on these facts.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.