Police Harassment Legal Options
Summary
If youre facing police harassment and false accusations from a neighbor, consult a local attorney. Document all incidents and consider escalating complaints to higher authorities. Seek legal aid or pro bono services if you cannot afford legal fees.Full Conversation
Walrus
Hello Walrus, nice to meet you. How can I assist you with your legal concerns today?
We have had a letter to invite us into the police station after **WE** had been assaulted, some of our evidence deleted by the assaulter, our phone stolen and damaged.
My brother walks up the road past my neighbour's house typically just * times or less a day. We have not been walking by at any other times. We are collecting evidence to show a problem is not occurring at the high point of the road (which the neighbour says it is), which shows it is exclusvely coming from the neighbour's garden and is a man-made event. (Note I am presently showing it has all changed since contacting the police in November, and showing individuals potentially trying to pretend the issue never happened.) (I do not want to say too much, but I also have bits of evidence of malicious water acts in action.)
I have spent a few years building a dam-wall and drainage system to prevent the neighbour's water harassment. It has cost thousands and many years. I am limited on money. This water flow has not happened for 40 years.
When we walk by, my neighbour and his familiy often rush out of their house to stage events and then go to the police and make false complaints. We have our phone on, filming and pointing at the ground to show we are doing nothing wrong and they are lying.
We are not filming them in their garden, but they have repeated falsely claimed we are.
They have repeatedly said we are abusive, but our audio-footage shows we are not. It shows the neighbour often being abusive or making loud noises next to us.
He has come out of his property and tried to hit the phone from my brother's hand while saying my brother was hitting him. The video, which the police ultimately viewed, showed he was lying.
He has thrown apples at my brother at speed. One time the apple went in front of the camera and then was filmed on the road.
He has hosed my brother and mother with water on multiple occassions and obviously the film of the water spray left on the road can be seen on the film. Other video from our CCTV shows my brother dry, walking out our property, and wet when returning a minute later on hot dry days.
The police have sent us a letter of advice for these faked events, but then appologised over the phone. They then threatened to send us another letter for these false accusations.
We described many of these incidents on the phone to the police when they threatened us. For example, the female neighbour was hiding in her car, suddenly got out to potentially pretend she had just came home. My brother retreated, got my mother as a witness, then walked back up with the phone pointing at the ground. The female was in her garden, but returned to the middle of the road to continue the illusion. After getting our evidence of the top of the road, the male neighbour sprayed both my mother and myself leaving spray on the bone dry road which we filmed. Even though we had evidence of this and many other staged events, the police never viewed it and allowed the neighbour to continue staging events since November last year and since the assault by the neighbour 3 months ago.
The neighbour has catapulted my brother with stones and mud. He hit twice as my brother's back was turned. The stone left a massive bruise on my brother's back. This time the police viewed that piece of evidence, but no action was taken against the neighbour as normal. The evidence also showed he was rushing out his house to meet us as we walk by and swearing at us. You could hear his door slam.
The police and council have allowed him to have CCTV cameras on the border fence looking into our windows and garden so he knows when we will be walking up. We have no way of seeing when they are setting up these events.
The neighbour comes out on the road or hides and then shines LED lights at my brother when we collect evidence for the last time at night. (At one point he was flooding the water at night and then letting it drain during the day.) He blocks my brother from walking up the road. The neighbour then stands in front of my house shining his light into the windows of my home. He has done the latter for years, even during his conditional discharge for criminal damage against us. He has done it in front of his landlord, but the landlord does not reply to our letters. The police and council do nothing.
About 3 months ago, the neighbour came onto the road and assaulted my brother. Once he started his aggression my brother pointed the camera at him in the road showing what he was doing. He assaulted my brother, then stole my phone, then threw it in his garden. As my brother went to get it, the neighbour got there first and threw it through his dog flap. My brother made a statement to the police, including other attempted catapult-assaults and incidents of aggression the day before which I had already taken off the phone. The police got him to return the phone to my front wall * minutes later. He had deleted the evidence of the assault. The phone was partially working, but the ability to phone other phones had been damaged. The police have not asked for the other evidence, even though they know is safe.
For the last 3 months the neighbours have continued with their staged events, including LED light harassment. We have the evidence. They constantly rush out their house to engage with us. They even use their (adult) children and their friends.
The police have now emailed my brother a letter saying they are inviting my brother into the police station. From how it is worded, they appear to want to modify my brother's behaviour of passively walking up the road to collect evidence to accomodate the violent neighbour and his family that make false complaints against us.
We have phoned the police, but they have failed to phone back after leaving voice mail.
Please help.
Other notes:
The council keep the neighbour's bullying and harassment off their records. For example they let a vermine problem from the neighbour persist for 7 years, only doing something just before the neighbour's trial. The council routinely lies, even when they know we can prove they are lying. The police rarely view evidence. The council have provably lied about the neighbour's planning breaches to make us look like voyeurs. They lied about the date of constuction of a massive border screen that towers over us, way above the 2m limit. They said the structure had been up too long due to their landlord's lie. When they realised court evidence showed the structure did not exist 2 years within the time limit, they said that was no longer important. That was their original excuse for allowing it. The structure stayed on the border, but the neighbour ripped the screws out connecting it to the fence and then the council falsely claimed it was a free standing structure. We had time stamped evidence of the ripping out of screws just before the inspection after the neighbour delayed that inspection for nearly a year. We warned them it was now dangerous. The structure waved in the wind and then fell down. He put up a new screen with twice the area, then the council lied and said it was approximately the same. The neighbour built more structures after the complaint. The council said there were no changes. When we proved there were, they said they did not come under planning. When we proved they did, the neighbour moved the new structure to the inside of his garden to potentially make it look like we were making a false complaint. We could obviously prove a council employee had lied, but the council refused us a Stage * or Stage * complaint.
The neighbours and their landlord were connected to the council in their working life. The neighbour has been on mental health since *, but he is clearly lying about that.
The police withheld all evidence from a court where we were the victims showing our CCTV cameras were not looking into our neighbour's garden when he attacked them. That was his defence. They made it look like just * attacks and not nearly the real number of nearly *. The police appeared to be saying the additional attacks were not happening. He attacked it on the first delayed trial date which he did not attend. The police appeared to say that did not happen, even though they refused to view our CCTV evidence showing the attack exclusively came from his garden when only he was there. No one entered or left our garden until the police came to our home after my elderly mother called them.
So we put a replacement camera low down pointing at the top of the fence and the sky beyond. It showed him in time stamped footage on a chair above the fenceline repeatedly attacking our wall cameras. All this was hidden from the court. We were made to look like we were constantly moving our cameras, where the reality was we were restoring the replacement camera after the hundreds of attacks. All his abuse, antisocial behaviour and crime against us was reversed in the court to falsely say we had done it to them. Against the judge's wishes we had no right of reply. No statement was taken by the police after the trial when it was reported to them six days afterwards.
He manufactured evidence all the way up to his trial. His senior social worker appeared to be involved with some of them. For example, he would put our CCTV camera out of action then bang the wall. When we went out to look, he and his partner would rush down the garden and he would falsely claim my brother had been peering over the fence looking at his partner's breasts. Our CCTV cameras which were still functional showed that was untrue. The police did not take any statements. We had evidence. This was all hidden from the trial.
The neighbour spent his entire conditional discharge bullying us even more. The police and council did nothing. He would shine LED lights at us from his garden as we walked by in the early evening as he had done before. When he accidently shone it at a dog walker as we left our gate, he got angry which ultimately resulted in him shining LED lights at our CCTV after dark. From that point on he shined the light at us from the field opposite.
Their landlord will never view video of his behaviour nor do the council. The police rarely view evidence and appear to constantly pretend we are making things up when we can prove we are not.
The neighbour set his dog against us on our property in from of our CCTV. In the early days of the water harassment we were bailing out the thousands of litres of water with a bucket to the road drain. He would loiter around our gate, hidden, then shine LED lights at us. This was all on our CCTV. These incidents were told to the police, but were not viewed as normal.
Around *, we managed to get evidence of his abuse towards us and his attempts to goad us into a fight by coming on our property. This was done with a secret body camera the early police had told us to wear, so the neighbour was unaware he was being filmed. When we asked him to move he would say, 'Make me'. The police point black refused to view that evidence. So we went through the long and labourious job of writing out a full transcript and sending it to them by email. (Videos are generally to big to post by email.) The police did nothing and let the neighbour continue with his intimidation, which ultimately returned to acts of violence all through * and the start of this year. The neighbour first committed assault against us in *, against my elderly father on our property. The neighbour then dived on some rubble in our garden to potentially make himself look the victim. This was before our CCTV and was the reason our CCTV was installed. The police and council appeared to say it did not happen. This was all hidden from the court where it was said he already had * counts of battery against his previous partner.
From what we can tell, all the neighbour's abuse, antisocial behaviour and crime against us was transferred to us doing it to him in *. This was done when it changed police station. His senior social worker was involved. The neighbour had been issued with a Harassment Information Notice and we were told to try to get film of these incidents. When the police station changed, all this was whitewashed from the record and we were made to look like we were filming for no reason. That same lie was told in court, without a right of reply to expose the truth and the potential the neighbours and their senior social worker had misled a police investigation.
We have had years of dogs mess, decapitated blackbirds and decapitated rats thrown into our garden. We had one of the latter about a week ago. After our CCTV was installed and during the light, you can often see it arrive. The police and council have never viewed any of that footage even though they have been told. Before our CCTV, he would put dogs mess on our bungalows bedroom window sills. We have never had a dog, but in court without a right of reply, the female neighbour said we were throwing dogs mess into their garden.
For the year he delayed his trial, he was walking his dog and driving off in his car. We had evidence, as it involved harassment against us as he would point a smart phone at our windows as he walked by. The police would not view it. In court he was claimed to be agoraphobic, only feeling safe in his house and garden. He did not have to turn up to court for * plea-hearings, multiple pre-hearings and the * trials. His normal behaviour would have meant he was likely to rant at the judge.
The police randomly checked our CCTV cameras before the trial and saw they were legal. They immediately gave the neighbour a letter saying that. Within * minutes the neighbour was attacking them again. The police would not return. This was all hidden from the court.
When he was fined in court, they claimed he was on full benefits and the partner was a full time carer. So the fine was halved. She had been working full time hours and did so for much of the year afterwards. They hired a private lawyer. They did not pay the court imposed fine and expenses for over 5 months, but was wealthy enough to buy a massive above ground swimming pool during that time. They also bought new CCTV cameras which the police and council have allowed him to point into our garden and windows.
He has now had CCTV cameras pointing into our garden/windows/full-glass-doors since *. The police and council have allowed that. He was doing to us, what he was falsely claiming in court we were doing to him. When we do anything in our garden, we have to have umbrellas up to hide it from him. That was all hidden from a court, even though it made his defence a farce. He did not have signage until * when the police finally forced him as his cameras also covered the road and field opposite. He put up a sign by our gate, away from his home, to make it look like it was ours. That was considered acceptable by the police.
In * the police told us to go to the Samaritans instead of dealing with the evidence we had.
The neighbour's behaviour is constantly being kept off record and evidence is not viewed. The council brazenly and provably lie. The neighbour's false complaints are then dealt with as statements of fact and the evidence we have to show they are lying is not dealt with.
I'm very sorry to hear about your situation. It's quite complex and involves several forms of harassment and potential criminal behavior. Here are a few points that might be helpful:
*. Harassment is illegal in New York under Penal Law Section *.*.
*. In New York, it is also illegal to intentionally damage someone else's property (Penal Law Section *.*).
*. You may file for an order of protection from the court.
*. You can sue for damages caused by the neighbor's actions.
Before taking any action, consult with a local attorney. They can review your case in detail and guide you on the best course of action.
*. Harassment is illegal in New York under Penal Law Section *.*.
*. In New York, it is also illegal to intentionally damage someone else's property (Penal Law Section *.*).
*. You may file for an order of protection from the court.
*. You can sue for damages caused by the neighbor's actions.
Before taking any action, consult with a local attorney. They can review your case in detail and guide you on the best course of action.
What do I do about the police trying to stop me walking past my neighbour's property to collect evidence against them just * times a day.
In New York, it's important to respect everyone's rights, including your neighbors'. If the police have advised against your actions, it may be wise to comply. However, if you feel your rights are being violated or that you're being falsely accused, consider seeking advice from a local attorney. They can help you understand your right to collect evidence and any potential legal consequences.
I am not filming the neighbour but they lie and say I am. Can they stop me from walking by?
In New York, you have the right to walk on public sidewalks. However, if your neighbor feels harassed or invaded, they could potentially obtain a restraining order. If the situation continues, consider seeking advice from a local attorney. They can guide you on your rights and how to handle false accusations.
They are generating false accusations. We have evidence we are doing nothing wrong. Can the neighbour stop me for that?
In New York, making false accusations can be considered defamation. If you have evidence, you can consider a defamation lawsuit. However, it's crucial to consult a local attorney before proceeding. They can provide guidance based on your specific situation and evidence.
The neighbour assaults me, shines LED lights in my face, but then is making false accusations to get me stopped from walking by. The police will not look at the evidence.
I'm sorry to hear that you're experiencing this. In New York, assault is a crime and shining lights into someone’s face could be considered harassment. Have you considered filing a formal complaint against your neighbor?
We have told the police but they do nothing. But they are willing to take action against us for the neighbour's false complaints.
I'm sorry to hear about your situation. If the police are not responding, you may want to escalate your complaints. Consider contacting your local city council, mayor's office, or even your state representative. Also, seeking legal counsel from an attorney could provide further guidance. They can help you navigate the legal system and ensure your rights are protected.
The police are inviting me into the police station to potentially stop me from walking by my neighbours because of the neighbour's false complaints.
It's unfortunate that you're experiencing this. If you're invited to the police station, it could be beneficial to seek legal counsel to accompany you. This way, you can ensure that your rights are protected. Have you considered seeking legal representation?
I cannot afford it.
I'm sorry to hear about your financial situation. There are numerous legal aid organizations in New York that offer free or low-cost legal assistance. They can provide guidance or even represent you if necessary. It's important to protect your rights.
I am not allegible for free/low cost law, but cannot afford legal bills.
I understand your situation. You might consider pro bono services, where attorneys volunteer their time to represent individuals who can't afford legal fees. Have you looked into that option?
Yes, but no everyone is busy.
I understand that this is a challenging situation. Have you considered reaching out to local law school clinics? They often provide free legal help and may have experts who can help with your situation.
Yes, but they do not cater for my specific legal issue.
I understand your situation. You may want to consider reaching out to the New York State Bar Association. They have a lawyer referral service that may be able to connect you with a suitable attorney. Keep documenting everything and stay persistent.