California statutes deal with harassment in different contexts. One that can apply to neighbors, tenants, or landlords may provide you with a court order that the harassment stop. If your “home, sweet home” is a source of tension, anxiety, and fear because of outrageous actions and words targeted at you, we may be able to help.
Anthony Burton represents parties involved in harassment claims. Whether you’re the victim or the accused, our office may be able to represent you in negotiations and litigation. Call us at (949) 244-4207 or fill out our online contact form today so we can discuss California law, your options, and how we can help.
Virginia Family is Example of Harassment California Law May Address
The Martinez family has owned a home in Virginia Beach since 2016, reports the Washington Post. Janique Martinez, who is Black, made a noise complaint to police about her neighbor’s loud music (the neighbor wasn’t identified because he’s not facing criminal charges) in July. She claims her neighbor’s banjo music was so loud that it shook her home. Martinez states her family had dealt with constant, loud music since moving into their home, but the situation changed after the complaint.
The music then included racial slurs and monkey sounds. A strobe light, apparently triggered by a motion sensor, is directed at the Martinez’ home like the speakers playing the music. Other neighbors don’t get the same treatment.
Local police failed to file charges because, although they describe the neighbor’s actions as “appalling and offensive,” they decided what he’s doing doesn’t amount to a crime. Critics state Virginia’s hate crime law applies given the facts, but local law enforcement isn’t willing to take on the issue.
There’s no reported civil action by the Martinez family against their neighbor. At the very least, a good argument can be made the neighbor is creating a nuisance by intentionally interfering with the Martinez’s ability to use and enjoy their property.
How Would California Law Apply in a Similar Situation?
“Harassment” is unlawful violence, a credible threat of violence, or a knowing and willful “course of conduct” directed at a specific person that seriously alarms, annoys, or harasses the person, and that serves no legitimate purpose, according to California law.
That course of conduct must cause a reasonable person to suffer substantial emotional distress and substantial emotional distress to the party involved. This conduct can include stalking, threatening, or harassment and must be ongoing, not a single incident. It would seriously alarm, annoy, or harass the victim while not serving a legitimate purpose.
There would be a court hearing where a judge would hear testimony and independently investigate what happened. If a judge finds by clear and convincing evidence unlawful harassment happened, and there’s a reasonable probability the wrongful acts will continue, they must issue an order prohibiting the harassment.
The initial order would be temporary. In the future, there would be another hearing to determine if a preliminary order is appropriate, then the matter, unless it’s resolved, would go to a trial.
Who Can be Subject to a Civil Harassment Claim?
Generally, because other laws apply, the person you want to restrain is not:
- A current or past spouse or partner
- Anyone you dated
- A close relative (parent, child, sibling, grandparent, or in-law)
If you’re having problems with someone in these categories, a domestic violence restraining order may be a better fit for your situation.
Those who could be subject to a restraining order include a:
- Neighbor
- Roommate
- Tenant
- Landlord
- Former friend
- Family member more than two degrees removed (aunts, uncles, nieces, nephews, cousins)
- Person you’re not closely related to
What Should I Do if I’m in this Situation?
The person’s conduct may violate criminal law so report the incidents to police. In addition to criminal law, we may be able to help you through civil law actions. If the evidence supports it, we can ask the court for an order that the harassing actions stop.
Like the Martinez family, you also may have a valid nuisance claim, depending on the situation. If what’s going on doesn’t rise to the level of harassment or nuisance, if you feel it’s safe, you should try to resolve the situation with the other party.
Contact Anthony Burton if You’re the Victim of Harassment or Accused of Committing It
We can handle a variety of real estate matters for you, including related harassment claims. Anthony Burton can be a zealous advocate for you, defending your interests no matter which side of the issue you’re on. Call us at (949) 244-4207 or send an email to info@awblawpc.com to schedule an appointment for a consultation.
