It is up to you to report any violation of a civil harassment restraining order to the police. Review the evidence with the police, your attorney, and possibly the judge. A boundary fence is a fence that is located on or near a property line, though the exact definition can vary by state. Receive Training. For more, read this article on California Trespassing Laws. By law, you have the right to trim branches and limbs that extend past the property line. California's harassment statute does not cover any violence undertaken as a result of self-defense or defense of another. Any violation of a civil harassment restraining order in California can lead to a fine or jail time, or both. Copyright 2020 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. For other Nolo articles on neighbor disputes involving Neighbor Disputes Legal Recourse. A few cities completely ban smoking in multi-unit properties, but most cities don’t or have limited restrictions on tenant smoking. The first step is to file the appropriate forms with the court. If you want the restraining order to stay in place longer, you can renew it for another five years. You must take into account the health of the tree before you start cutting or chopping. She holds a B.S. Your neighbor will have a chance to present his side of the story if he shows up for the hearing. For a minor nuisance or inconvenience, the law will expect the neighbor to trim bothersome branches. You can find your local courthouse online and see if it has a self-help center that can help you with your civil harassment restraining order paperwork. Fill out the attached form to be trained for outreach efforts in the great state of California. in print journalism, and has more than 20 years of experience writing for a variety of print and online publications, including the Journal of Juvenile Law and Policy. In California, specific laws allow you to recover additional damages if someone deliberately damages your tree. ​Read More:​ How to Dissolve a Restraining Order in California. Neighbor's Rights. You can bring a witness with you to support your case. Tenants who desire to use self-help to stop their neighbor’s nuisance should consult with an experienced tenant attorney before doing so. Ask the court to renew your restraining order. Copies should also be given to the local police station, the security officers at your apartment as well as security officers at any location your neighbor is ordered not to go (such as your office, school or preschool). In short, each owner has to pay one-half of the cost of maintaining or replacing the fence. For example, if you believe that your neighbor has intentionally blocked the view from your home to certain scenery or landscape, you might be able to sue them under the law of private nuisance. These forms include Request for Civil Harassment Restraining Order, Temporary Restraining Order, and Declarations for any witness statements to support your request. States vary as to how “farming” is defined and how long the agricultural operation must be in existence in order to get protection under right to farm statutes. To get a civil harassment restraining order against a neighbor in California, you must show that your neighbor either inflicted unlawful violence, such as stalking or assault, or made a credible threat of such violence. While you can access the forms you need to fill out, you must still submit hard copies in person at your local courthouse. (To learn more about damages and criminal penalties in tree injury cases, see Nolo’s article When a Neighbor Damages or Destroys Your Tree. While you are not required to have a lawyer present for a civil harassment restraining order hearing, it can help make the process a little smoother, especially if things are very contentious with your neighbor. tree belongs to both neighbors in common as long as the point at which the tree grows out of the ground lies on both sides of a property line. Legal Action When Neighbors’ Tree Roots Are Causing Damage in California Once your orders are approved, they must be served on your neighbor before the court date. Some states also list specific things (for example, odor, noise, or dust) that don’t constitute a legal nuisance when they’re a byproduct of farming or agricultural activity. For example, in the 1994 case of Booska v.Patel, a California appellate court inserted a requirement into the trimming rule that a neighbor not act unreasonably or cause harm to the tree.In that case, a tree’s roots had grown to the point of buckling the neighboring sidewalk. The attorney listings on this site are paid attorney advertising. and neighbors, get Neighbor Law: Fences, Trees, Boundaries & Noise, by Cora Jordan and Emily Doskow (Nolo). CIV. The law states that if your neighbor erects a fence (which can be made out wood, cinder blocks, bushes, etc.) In addition, there might be a local ordinance (in your city, county, or town) that has rules on boundary fences. Whether your neighbor just started making you uncomfortable or has been harassing you for a long time, you need to follow the proper procedure for getting the restraining order. A civil harassment restraining order against a neighbor is relatively easy to obtain and can make a world of difference in the enjoyment of your neighborhood. Legal Beagle: What Happens When You Violate a Restraining Order? California also allows you to sue your neighbor if they build a "spite fence" on their property. (To learn more about right to farm statutes, see Nolo’s article Rural Neighbors and the Right to Farm.). Implied in all California leases is a covenant of “quiet enjoyment”. Otherwise, you can start by calling the police and filing needed paperwork to submit to the court. And California has a criminal law that provides for a fine or jail or both for any person who willfully and ­maliciously disturbs another person by loud and unreasonable noise. If he doesn’t, only your side of the story will be taken into account by the judge. If the neighbor causing the nuisance and I live in the same building, is my landlord liable? Hill Street Studios/Blend Images/GettyImages, Forms to File in California for a Dropped Restraining Order, How to Dissolve a Restraining Order in California, How to Modify a Restraining Order in California, California Protective Orders Laws: Orders of Protection and Restraining Orders, Violating a civil harassment restraining order, California Legislative Information: Code of Civil Procedure Part 2, Title 7, Chapter 3 Injunction, Legal Beagle: How to Dissolve a Restraining Order in California, Legal Beagle: California Protective Orders Laws: Orders of Protection and Restraining Orders, Legal Beagle: How to File a Complaint Against a Neighbor, Legal Beagle: How to Modify a Restraining Order in California. In California, if someone damages your tree, you can recover your actual damages (usually, what you paid for the tree or what it would cost to replace the tree). Basic Law: In California a duty is imposed upon a landowner to prevent nuisances that could adversely affect the property of an adjoining owner of land. This law was created as a result of a California … Hearing your neighbor say things that you find insensitive or thoughtless does not automatically equate to harassment. If she extends it, the permanent order can last up to five years. Following the court hearing, the judge decides whether to continue or cancel the temporary restraining order. Sometimes the five-year term of a civil harassment restraining order is insufficient, especially if the person still lives next to you and you are concerned for your safety. Under the guidelines of California Civil Code Section 3346, any neighbor who attempts to trim another neighbor's tree that is encroaching or nearing the property line must make all efforts not to damage the overall health of the tree. See the table below for the code section and the amount you can sue for (the number is usually represented as a multiple of your actual damages). The court date is for a hearing at which a judge decides if a permanent restraining order is needed. CODE § 1927. The paperwork must be filed and submitted before your current order expires. Those convicted … California Tree Damage Laws. Generally, in a successful lawsuit against a nuisance from a neighbor’s noise, light, or odor emission, you can recover: An abatement of the nuisance (to stop it), Damages, including compensatory and future damages, and/or Fees associated with stopping the nuisance. Patel, a California appellate court held that a neighbor does not have the absolute right to cut encroaching roots and branches so that they end at his or her property line. All states have enacted laws that exempt farmers and other agricultural operators from complying with run-of-the-mill nuisance laws -- laws that restrict certain kinds of noisy activity like operation of heavy machinery, or prohibit the use of pesticides, for example. Existing law defines the rights and obligations of owners of real property. Do Not Sell My Personal Information, Nolo's Essential Guide to Buying Your First Home, Select State's Laws on Property Disputes Between Neighbors, When a Neighbor Damages or Destroys Your Tree, Adverse If your neighbor breaks a law or makes you feel unsafe, contact your local law enforcement. It may include everything you asked for or just some of the orders you asked for. Volunteer to tell your neighbor about new laws in California Volunteer to tell your neighbor about new laws in California Volunteer to tell your neighbor about new laws in California. Your neighbor cannot purchase a gun while the restraining order is in effect. hoarding animals causing foul odors and health hazards. Under existing law, coterminous owners are equally bound to maintain the boundaries between their properties. The people of the State of California do enact as follows: SECTION 1. Speak in court or privately with a judge. What to Expect in a Harassment Lawsuit. California law prohibits employers from recording or viewing employees, guests, customers and contractors in any location where the individual would have a reasonable expectation of privacy. Regardless of where you call home in California, you have some options for dealing with secondhand smoke, specifically cigarette smoke. While the legislature enacted some procedural changes to the law under the Good Neighbor Fence Act of 2013, the spirit of the original law remains the same. The process to renew a restraining order is the same as that to get the original restraining order. Penal Code 372 PC is the California statute that prohibits a person from creating or maintaining a public nuisance. If your neighbor is someone you previously dated, a former spouse or partner, or a close relative (such as a parent, sibling or in-laws), you must seek a restraining order outside of California’s civil harassment statute. A restraining order is a court order that prevents your neighbor from contacting or approaching you or anyone in your household, whether you’re at home or in a public setting. You can also cancel the court hearing and dismiss your case if you feel you no longer need a restraining order. Rental apartment noise nuisance laws in California apply to you as a tenant, whether your apartment neighbors are generating noise or you've received a … She is a licensed attorney who has done advocacy work for children and women. Your neighbor cannot purchase a gun while the restraining order is in effect. While doing so gives the judge more evidence to renew the restraining order, continuing to be afraid of your neighbor is enough cause to grant a renewal. Leslie Bloom earned a J.D. Once you are granted any type of civil harassment restraining order, you should keep at least one copy with you at all times in case you need to show it to the police. Copyright © 2020 MH Sub I, LLC dba Nolo ® Self-help services may not be permitted in all states. A plaintiff can file a lawsuit against the individual or group responsible for the nuisance. ), Additional Damages and Criminal Penalties forIntentional Damage to Trees in California, California Statute for Additional Damages, Additional Amount You Can Sue for in California. Sometimes even a hedge can act as a boundary. If the judge approves the orders, you will get a temporary restraining order against your neighbor that lasts until the court date, which is typically set within 25 days of issuance of the order. Let them know your neighbor is entering your property without permission and removing your fencing. If the renewal is not granted, the protective order ends. Gather evidence. In California, a private nuisance provides for a cause of action for the injured party. In addition, general California criminal statutes, such as those related to theft or property damage, may also apply. You may not go onto the neighbor's property or destroy the tree. Harassment involves a series of actions that have the same intent – to harass the victim. Law enforcement can make sure everyone is safe and the situation doesn't escalate more. There are several types of civil harassment restraining orders in California: If you have an attorney, he can help you determine which civil harassment restraining order makes the most sense for your situation. California restraining order rules also make it illegal for the person being restrained – in this case, your neighbor – to own a gun. The paperwork must be hand-delivered to your neighbor by another adult who is not involved in the case, which can include a law enforcement officer. You should have at least two copies of the restraining order with you so that you can give one to the police when you call to report the violation. When that happens, neighborhood harassment laws in California kick in. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. Under California law, landowners and their adjoining neighbors are jointly responsible for constructing, maintaining, and replacing fences that divide their properties. Keep in mind the police officer can't solve the dispute for you. Possession: When Trespassers Become Property Owners, Homeowners: Taxes, Improvements, and More. On occasion, you may end up with one neighbor who harasses or threatens you, despite your best efforts to make it stop. This refers to activities or things that affect the health, safety or morals of a whole neighborhood or community, as opposed to a single isolated victim. from U.C. In addition, intentionally damaging a tree is a crime in California and can result in arrest, jail, fines, and other penalties. Violating a civil harassment restraining order is a crime. Doing so gives your neighbor notice of the “charges” against him and time to prepare for the court date. A conviction is a misdemeanor punishable by up to 6 months in county jail. Rather than seeking an injunction, however, California law usually allows property owners to remove branches and roots that enter or intrude onto their property. While you may be able to have a discussion that ends it, you may have to resort to a restraining order to feel safe again. There is no law stating how many times you can renew a restraining order. You can proceed with criminal charges as well as file a civil action against your neighbor for violating the restraining order. In California, specific laws allow you to recover additional damages … The charges, fines and jail time your neighbor may get depends on the nature and severity of the harassment. Once you complete the needed paperwork and submit it to the court, a judge reviews the forms and decides whether or not to grant you a restraining order. Having a lawyer can also help to make sure all of your rights are protected. Chopping down, or killing, your neighbor's tree, even unintentionally, can lead to both criminal and civil damages. CAL. If your neighbor disobeys any of the judge’s orders, he can be fined or sent to jail. If your neighbor becomes verbally or physically threatening or violent, you can get a restraining order against a neighbor in California. In some states, the information on this website may be considered a lawyer referral service. If your neighbor intentionally scares, harms or harasses you, a civil harassment restraining order can put a stop to it. Q: There are two neighbors in our community that do not get along.They keep threatening each other, and the police have been called multiple times. (See Chapter 18.) My Neighbor Cut Down My Tree - Damages. When a dispute with a neighbor occurs, diplomacy is the best course of action, but if that fails you should contact a Sacramento lawyer experienced in resolving neighbor disputes. However, the law only allows tree trimming and tree cutting up to the property line. Depending on where you live in California, the law may be on your side. Call your local law enforcement and let them know the details of the matter. A law in California also allows you to sue your neighbor if you believe they have built a fence or wall intentionally to spite, annoy, or irritate you. You can’t always control who your neighbors are. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. While a law enforcement officer will try to calm the situation down, unless your neighbor committed a crime, you will have to sue the person in court as a civil matter. If you do harm the tree, you could be found liable for up to three times the value of the tree. Even if the neighbors construct a fence or boundary over the middle of the tree, the entire tree still belongs to both neighbors in common. To comply with the law, be sure to send your neighbor a notice of your intent to install a fence on a boundary line at least 30 days before you start. Legal Beagle: How to Remove a Restraining Order in California. Civil damages pay one-half of the tree without permission and removing your fencing Rural neighbors and Supplemental! 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