Santa Ana, CA asked in Civil Rights and Landlord - Tenant for California

Q: What to do when your constantly being harassed by your neighbor property management has been notified and sheriff's?

I am constantly being harassed by my downstairs neighbor whom I don't know can't identify and don't know their name a police report has been made once I called multiple times after that no response property management has been notified multiple times verbally and in writing nothing done I even contacted 211 for help and still no options. The neighbor has been constantly monitoring my every move in my apartment making threats showing people what I look like while hiding on the side of them so I can't see her face making false accusations against me having conversations with her friends about my phone conversations I can't even talk on my phone in the apartment she wakes up every night at 4 am screaming because I'm laying in my bed telling people I'm doing drugs in bathroom with my baby I called sheriff's and told them everything she said they spoke with her but she continues I've tried looking for help everywhere I can't afford a attorney my baby and I will be officially homeless Monday

3 Lawyer Answers

A: Moving to another home a reasonable distance away without telling this faceless neighbor would seem like the cheapest and most effective solution, especially since you can’t afford an attorney. Not very many attorneys will take a case involving a dispute between neighbors and that type of case frequently becomes quite costly.

Louis George Fazzi
Louis George Fazzi
Answered
  • Civil Rights Lawyer
  • Jess Ranch, CA
  • Licensed in California

A: You don't need a lawyer to file a civil harassment claim against your downstairs neighbor. There are self-help tools on the court website, (https://www.courts.ca.gov/forms.htm), specifically civil harassment forms which you can fill out yourself and file. If you go to the website, look at Civil Harassment, and you will find instructions on how to fill out the forms, what forms you will need, and where to file them; then you can get to work preparing your forms. The Orange County Superior Court in Santa Ana, where you will file your forms, may have some self-help information in the clerk's office. The clerks cannot give you legal advice, but otherwise are very generous helping people like you. They will review your forms before they are filed, and let you know if there are any deficiencies in the forms you present.

Once your harassment claim has been filed, then you will have to serve all the forms on the defendant(s). The whole process is explained for you in the forms and accompanying instructions, so you can handle the whole thing yourself.

James L. Arrasmith
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Answered
  • Landlord Tenant Lawyer
  • Sacramento, CA
  • Licensed in California

A: I'm sorry to hear about your distressing situation. If you believe your safety or your child's safety is at risk, consider seeking a restraining order against the neighbor, which can prohibit her from harassing, threatening, or contacting you. Additionally, document every instance of harassment, including dates, times, and descriptions, as this can be useful in both criminal and civil proceedings. You might also explore local legal aid organizations, which provide legal services to low-income individuals and could assist with your situation. Contact the California State Bar for a referral to a local legal aid organization. Furthermore, if you're facing homelessness, reach out to local shelters or social service organizations for immediate assistance. Lastly, consult with a local attorney regarding your specific circumstances to understand all available remedies.

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