05-23-2009, 08:18 AM
Well said, both of you.
Do send the letter to the attorney. Any time someone is represented by an attorney adversarially to you, it is inappropriate to contact them directly. Not to mention it violates the spirit of the restraining order.
Ideas for a good letter (not intended as legal advice; I am a lay person, not an attorney, and if you possibly can you should consult with an attorney.)
Start the letter by explaining that your number one desire is to have peace and you are looking for solutions. Explain the transgressions calmly and what damage they have caused you, without overstating the damage (and losing credibility).
Explain your concerns.
Ask what your neighbor wants.
Ask why he interfered with your installing the field fence, and whether he would interfere if you do it again. Explain the investment in the materials and labor.
Mention the disturbing acts that rise above making noise and simple trespassing, such as the dog-napping (which his lawyer will deny, but he will hear).
Keep the tone of the letter free of emotion.
State that you don't want to go to court, but you cannot live in fear of your neighbor either.
Put the ball in their court to offer a solution to the situation.
See what you get.
The current tack of gathering support amongst other neighbors can backfire.
My neighbor friend who did something similar was sued for defamation - for injuring the neighbors' reputation in their community. While it never went to trial, and probably wouldn't have stuck, it caused no end of grief.
It is emotionally satisfying to gather a lot of support, but be careful.
Also, people who are supportive as heck often have a change of heart when they are involved to the point where they have to go to depositions and court. Suddenly, they "don't want to be involved."
Do send the letter to the attorney. Any time someone is represented by an attorney adversarially to you, it is inappropriate to contact them directly. Not to mention it violates the spirit of the restraining order.
Ideas for a good letter (not intended as legal advice; I am a lay person, not an attorney, and if you possibly can you should consult with an attorney.)
Start the letter by explaining that your number one desire is to have peace and you are looking for solutions. Explain the transgressions calmly and what damage they have caused you, without overstating the damage (and losing credibility).
Explain your concerns.
Ask what your neighbor wants.
Ask why he interfered with your installing the field fence, and whether he would interfere if you do it again. Explain the investment in the materials and labor.
Mention the disturbing acts that rise above making noise and simple trespassing, such as the dog-napping (which his lawyer will deny, but he will hear).
Keep the tone of the letter free of emotion.
State that you don't want to go to court, but you cannot live in fear of your neighbor either.
Put the ball in their court to offer a solution to the situation.
See what you get.
The current tack of gathering support amongst other neighbors can backfire.
My neighbor friend who did something similar was sued for defamation - for injuring the neighbors' reputation in their community. While it never went to trial, and probably wouldn't have stuck, it caused no end of grief.
It is emotionally satisfying to gather a lot of support, but be careful.
Also, people who are supportive as heck often have a change of heart when they are involved to the point where they have to go to depositions and court. Suddenly, they "don't want to be involved."