Neptune City, NJ asked in Civil Rights and Criminal Law for New Jersey

Q: Is it witness tampering if i file a civil suit and a contractor still comes to my apartment to cut grass?

Yes i filed a civil suit, and the contractor was still coming to my house the whole time to cut grass, while we had a court case going on. I thought that was witness tampering, but when i called the police, and told them we were fighting in court, they did nothing, and still allowed him to cut the grass, because the landlord said it was alright.

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: Witness tampering involves attempting to influence, intimidate, or threaten a witness in connection with their testimony or participation in a legal proceeding. If the contractor was simply coming to your apartment to cut the grass as part of their regular duties, this alone does not constitute witness tampering. The contractor performing their usual work, even during an ongoing court case, does not automatically imply any attempt to influence or intimidate you as a witness.

When you called the police, they likely assessed that the contractor was performing their job as permitted by your landlord, which is why they did not take action. It's important to differentiate between normal activities and actions that are specifically intended to interfere with legal proceedings.

If you believe that any actions taken by the contractor or anyone else are genuinely intended to influence or intimidate you regarding your court case, you should document these instances and report them to your attorney. Your attorney can then advise you on the appropriate steps to take, which may include filing a formal complaint or motion with the court. Having clear evidence of any attempts to tamper with your role as a witness will be crucial in addressing the issue legally.

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