What legal action can you take if your neighbor verbally assaulted you and your family by using very foul language?

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What legal action can you take if your neighbor verbally assaulted you and your family by using very foul language?

I have a neighbor that won’t follow the HOA regarding his: barking dogs, dog pen, and parking his vehicle on the grass. I complained to the association who told me to take pictures. The neighbors saw me and began verbally assaulting my wife and I, as well as a friend that was visitng at our house. I mean they called us all kinds of foul language. They kept it up and wouldn’t stop for about 15 minutes.

Asked on April 24, 2011 under Personal Injury, Florida

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If this verbal assault was an isolated incident, you would not have a case at this point unless you had a reasonable belief that the neighbor was going to physically assault you.  Assault is placing one in reasonable apprehension of an immediate battery.  Battery is the harmful or offensive touching of the person of another without consent or privilege.

If the verbal assault was an isolated incident, it would be difficult to prove intentional infliction of emotional distress which is an extreme and outrageous act intended to cause and which does cause emotional distress.

If the neighbor's repeated violations of the HOA rules constitute a serious and unreasonable interference with the use and enjoyment of your property, you may have a claim for nuisance.  Monetary damages for nuisance would be an inadequate remedy because land is unique and there would be a multiplicity of lawsuits for repeated violations of the HOA rules.  The applicable remedy would be seeking an injunction.


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