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Restraining Order Against Neighbor: Your Guide

Restraining Order Against Neighbor

Should you consider getting legal aid because you want to get a restraining order against neighbor? Let’s remember that not everyone is fortunate enough to get kind neighbors. We hardly have time to step out and have a cup of coffee with our neighbor. Work, responsibilities, kids- and life sure catches up.

Thus, it is not possible to find out what our neighbors are like early on. Some neighbors may be nosy, while some may get on your nerves. But the issue starts when you realize that they can harm you or want to cause harm. Did Jeffrey Dahmer’s neighbors know what was going on right under their noses? If they did, you’d find them looking up “restraining order against neighbor”.

Therefore, if you no longer feel safe around your neighbor, it may be time for you to find recourse in the criminal law of the US. Because your home and locality should be the last place you feel scared for yourself or your family.

What Is A Restraining Order?

A restraining order is a kind of directive. It’s a court order that comes in the form of a document. This document strictly prohibits someone from harassing, stalking, abusing, or threatening another. Sometimes the court even prohibits all forms of contact with the person getting the order.

Additionally, the restraining order may come with provisions that require someone to maintain a certain distance.  

Now, in order to obtain a restraining order against neighbor, you ideally have to go to court. Only after you prove to the judge that your neighbor threatens your safety, you may receive it. Because the grounds for getting a restraining order against your neighbor are the same as against anyone else.

Grounds Getting An Order Against Neighbor

You can get a restraining order against a neighbor for various reasons. Typically, if they threaten or harm you physically.

Additionally, if they harass or stalk you or cause fear for your safety, you can get the order.

Furthermore, the order is a form of legal protection that keeps you safe from threats. If someone harasses, harms, or abuses you, they are valid grounds for getting a restraining order. tops making it necessary to legally prevent contact or proximity between you and that person.

What Can A Restraining Order Do?

A restraining order against your neighbor will legally force them to move. However, it does depend on how distant their house is from yours. Because restraining orders are only valid upto a certain distance.

Additionally, if the distance between both your houses falls under the distance that the order specifies, then it’s good news. Following the order, your neighbor will definitely have to move until the order period is over.

What Is The Correct Process?

Remember, you can’t just go to the police and ask them to start taking legal action against your neighbor right away. Getting this restraining order can be a complication because of the proximity of the residences.

With that being said, it is indeed possible. So, now we’ll discuss how to maintain distance from a harmful neighbor through a restraining order.

How To File For A Restraining Order?

If your neighbor’s attitude, mannerisms, and actions toward you are indeed concerning, it’s time for you to apply for a neighbor-harassment restraining order.

Furthermore, try to get the assistance of a lawyer for this matter.  Learn if your situation qualifies you to apply for a restraining. For this, you can have a conversation with your lawyer about the laws in your area.

Talk to them in detail about the incidents of harassment, threats, or violence with your neighbor.

Next, your attorney will help you get forms from your local courthouse or online. Fill them out with applicable. Aptly state the reasons why you are seeking protection.

Now, all you have to do is submit the petition to the court. The judge will review your request. If your reasons qualify, you may get a temporary restraining order against your neighbor. Usually, you get the order if they find you to be in immediate danger or harm.

After that, you will need to attend the scheduled court hearing. Here, you will present evidence, testimony from witnesses, or even documents that support your claim. Moreover, if the neighbor does not agree, they may also present their side.

Additionally, the judge will issue a permanent restraining order if they find your evidence to be sufficient.  

If they grant the restraining order, you will need to serve it to your neighbor. This way, you inform them about the restrictions that they have to abide by. Moreover, if they expressly go against orders, they could end up with prison time, fires, or both.

To Conclude

Now that we are at the end of this article let us go through a fundamental detail. What does it really mean to face harassment from a neighbor? Well, simply searching for a restraining order against neighbor will not do.

To file a restraining order or even before you hire an attorney, check for the following. After all, harassment can come in various forms. Check for repeated yet intentional acts from your neighbor.

Common forms of harassment can look like your neighbor playing extremely loud music despite your request otherwise. If their pet constantly litters around or on your property, that is harassment, too. 

Even the state eviction laws state that no sort of harassment to tenants are acceptable. 

Additionally, any other type of violent or aggressive behavior is enough for you to apply for a restraining order.

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Debkanya Bhattacharya
Debkanya is a lawyer turned writer. With an experience of 3 years, she is your go-to source for all things law. She has a soft corner for the US and international section. When the weekend arrives, you'll find her reading up on politics, Austen, or travel blogs over a cup of coffee.

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