Re: Neighbor harassment
Posted by Scott Montgomery on 12/30/06
Harassment is a crime. If proven, depending on the severity and
frequency of the conduct and the harasser's prior criminal
record, harassment can be punishable as either a gross
misdemeanor or a felony. Harassment can mean many things. It can
refer to the actions of a person (or group) who is repeatedly
sending you threatening letters, calling you on the phone, or
repeatedly sending you unwanted gifts. It can also involve
behavior such as following you, watching you, and coming to your
place of work or home. This behavior is commonly referred to as
"stalking". Harassment can also include intentionally exposing
you to materials which the harasser knows, or has reason to
know, are culturally offensive or intimidating to you.
It is not necessary that the harasser intend for the conduct to
produce feelings of fear or intimidation in the victim, only
that the harasser has reason to know that the conduct would
cause such feelings.
The law now reflects the understanding that, regardless of the
motivation for the conduct, it disrupts the victim's life and
may threaten the victim's safety.
Harassment is extremely frustrating to deal with, and can be
difficult to prove in court. However, if there is sufficient
evidence, you can get a restraining order and the offender can
be charged with a crime, either for violating the order or for
the harassment itself.
The law which allows you to get a restraining order defines
harassment as "repeated, intrusive or unwanted acts, words or
gestures that are intended to adversely affect the safety,
security or privacy of another, regardless of the relationship
between the actor and the intended target." (M.S. § 609.749,
Subd. I). This type of harassment also includes the picketing of
your home by a group. The procedure for getting a restraining
order is explained in Legal Remedies.
Criminal harassment is defined as "engag(ing) in intentional
conduct which the actor [harasser] knows or has reason to know
would cause the victim, under the circumstances, to feel
frightened, threatened, oppressed, persecuted, or intimidated;
and causes this reaction on the part of the victim. (M.S. §
609.749, Subd. I). Such conduct can include following or
pursuing you, returning to your property without your consent,
making repeated phone calls, inducing you to make calls, causing
your phone to repeatedly ring, repeatedly mailing or delivering
unwanted letters, objects, or gifts to you.
Don't move!! Record everything that they do to you and call the police every time they harrass you.