Can you file a restraining orderon a neighbor who is harassing you?

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Can you file a restraining orderon a neighbor who is harassing you?

We have lived in a Home Owners Association for 10+ years now and ever since we have lived there we have had a issue with one of the board members who lives right next to us. He watches everything we do. We have had the HOA called on us multiple times for different things. We have since fixed those issues, but he continues to harass us. He is continually around looking for violations and I am frankly getting a little scared. Last night he put a flyer on my car because I was parked in visitors parking while my son played outside.

Asked on June 17, 2011 under Criminal Law, Minnesota

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I can understand why you aree a bit upset here.  The law in Minnesota Statute section 609.748 allows a person who is being “harassed” to request a Harassment Restraining Order from the court. Not all types of cases can be heard there.  For example, custody and visitation of minor children (handled in Family Court); disputes involving money or property (handled in Conciliation Court); or disputes between landlord and tenants (handled in Housing Court).  You need to speak with an attorney in your area as to whether or not his actions amount to enough to obtain a harrassment restraining order under the law.  He may be annoyning but really not considered harrassing.   Good luck. 


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