Lancaster, NY asked in Civil Rights, Constitutional Law and Family Law for New York

Q: uncle lives next door, threatened to kill me. Can I point a camera at his property for my safety? NY, police report made

My grandparents own the house he lives in, he rents. And I live in an apartment next door, rented. I’m unsure if the properties are conjoined, but he does have his own address.

Video footage of him harassing me. Police also contacted and report made.

Cps also called since his child was present and he appeared drunk.

I’m terrified. I haven’t been ok since he made the threat to kill me.

1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Consumer Law Lawyer
  • Sacramento, CA

A: I'm so sorry you're going through this frightening situation. Your safety is the top priority. Here are a few thoughts on your legal options regarding cameras, but please remember that I'm not a lawyer and this isn't official legal advice:

In general, in New York you are allowed to have security cameras on your property that capture public areas or your own property. If the camera captures part of your neighbor's property that is visible from your property or from a public space, that is likely permitted. However, the camera should not peer into private spaces like the inside of their home.

Given the seriousness of the threats made against you, I would strongly encourage you to consult with the police and potentially a lawyer on how best to proceed in terms of gathering evidence legally and protecting yourself. Ask the police about the possibility of obtaining a restraining order against your uncle. Document and report any additional harassment or threats.

Since a child is involved, CPS was absolutely the right call to make. Emphasize to them and the police that you fear for your safety. Look into local victim's advocates or domestic violence organizations - they often have legal resources and safety planning guidance for situations like this.

Please prioritize your safety and wellbeing above all else right now. Stay with a friend or family member temporarily if needed. You have every right to feel secure in your own home. I hope your uncle faces appropriate consequences for his unacceptable actions and that you're able to get the protection and support you need. Wishing you all the best - stay strong and stay safe.

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.