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Criminal Law/neighbor harrassment

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I have a neighbor who has his daughter living with him upstairs now. (prior to her moving in things were great btwn the neighbor and myself. he helped w repairs etc.) she has become a huge problem since march of this year. me parking in our shared driveway has become an enormous issue with her (I have contacted and spoke w the landlord and his wife. They say its ok, we can share it there is lots of room). when ever we are parked there before her, she comes banging on windows and or doors saying someone is parked in my driveway and needs to move. I inform her that I spoke with my landlord and its ok with him and you are technically not able to bother me because you are not on the lease and or a tenant of his. you are a guest in his tenants house. she begings to call me names, speaks about me and my kids. She has stuck her middle finger up at them, she has cursed my mom and fiancé out in the presence of our children and it just keeps escalating. so far I have about 3+ incidents. two in which police were conatacted and arrived at our residence. I am in the process of trying to get a harassment prevention order. I need to know the laws behind this kind of issue. I can feel the tension and this is no longer a quiet space for me and my children. it has become irritable, exhausting, and has taken now a tole on my children being that they now have experienced what I have been dealing with for some time now. Landlord is not acting at all in this matter. he just keeps saying he will talk to them. its been about 2 to 2 1/2 months and I feel like im done. what am I looking at here?

Answer
Sade-

This is a common issue when apartment units/common space are in close proximity to each other. The simplest solution to the problem is to have the landlord apprised of the situation and insist that he act on your complaints. If the girl is not on the lease, and is simply a guest, she has no legal right to approach you about anything concerning the rental units or the common area. Again, the landlord has an obligation to intervene in the issue.

With respect to the language, gestures and harassment, you can seek a Restraining Order against the daughter, but sometimes this only escalates the issue. However, if you have tried to reason with the girl, you may be left with no other option. In order to put that option in motion, you will need to call the police and get your concerns formally reported before you go to a judge for an Order. (You might see if the police will check out the daughter and see where she came from - she might have a history of this kind of conduct.)

However, before you go this "last mile," you might speak to the father, tell him your concerns and what the daughter is doing and if she doesn't cease and desist, you will have to get a Restraining Order against the daughter. At least, you'll put him on notice.

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Kevin M. Tamez

Expertise

Kevin M. Tamez serves as one of the most senior and experienced consultants at The MPM Group, Inc. During more than 27 years of both state and federal law enforcement experience, Mr. Tamez held supervisory roles with state law enforcement as well as senior management positions with the U.S. Department of Justice - serving in both domestic as well as foreign posts. In addition to his extensive foreign operational experience, Mr. Tamez is a court adjudicated expert in most Title 18 and Title 21 complex criminal, undercover, and electronic (Title III) intercept investigations. As a senior manager, he is also an authority in most government administrative matters to include Human Resource and Workers’ Compensation issues. Mr. Tamez has broadened his already considerable expertise by authoring various legal reference and inmate advocacy manuals. Mr. Tamez is frequently sought after for his expertise in counseling and preparing convicted law enforcement personnel, politicians, and other “celebrities” for reporting to a federal penal facility.

Experience

More than 27-years of both state and federal law enforcement. Uniform patrol, Tactical Operations, SWAT, Detective Bureau (Narcotics), and Uniform Supervision. U.S. Federal Agent (Series-1811), all facets of complex domestic investigations, Special Operations, Paramilitary operations overseas, senior management, strategic planning, etc.

Publications
Mr. Tamez has authored several formal "Position Papers" as well as several legal reference manuals to include “The Pre-Release/Post-Release Process for Federal Inmates," “Medical Issues for Federal Inmates,” and “The Administrative Remedy Process for Federal Inmates,” thereby establishing himself as one of this industry’s foremost authorities in BOP procedural and administrative matters as well. In addition to his recent legal reference manuals and other professional publications, Mr. Tamez recently authored the critically acclaimed “The BOP’s Failure to Properly Implement the 2nd Chance Act of 2007” as well as the educational website www.FederalPrisonCampTour.com.

Education/Credentials
Mr. Tamez holds a Bachelor's of Arts Degree and has done graduate work at George Washington University in Washington, D.C. Mr. Tamez is a graduate of the Northern Virginia Criminal Justice Academy and both the Basic & Advanced Special Agent courses in Quantico Virginia.

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