My neighbor has been harassing my family on and off for about 5 years. Most of the harassment has been occasionally swearing at us from a distance, actively disrupting any gatherings I have at my house with loud talk radio, and pushing his yard waste onto my property. Recently he began challenging me to a fight and calling my wife rude and vulgar names. He is not ignorant so he insults, swears, and threatens when no one else can hear. Now for the question - can I tape our conversations for proof of his actions. I don't want to pester the police with accusations that I can not prove. As soon as I start making those phone calls to the police he can then call the police on me and make things up. I don't want this to turn into a he said she said. I have made it a point to avoid my back yard to avoid confrontation, but that is not always possible. Thank you in advance.
Submitted by mhamilton on Sun, 05/22/2011 - 11:34
Posted in
Harassing neighbor
Sorry about your situation. Unfortunately, it is illegal in Massachusetts to secretly record conversations, even when, as in this case, you have a good reason. There is never a good solution to these situations. Generally, your options are to get the police involved, or learn to live with it. I know you don't want to call the police, but I would. I would let the neighbor know that every time he does something to harass you or your family, he is going to have to explain it to the police. Yes, he might make up lies about you, but the police are not fools, and they will likely believe the statements of an entire, and apparently normal, family over the statements of one loon. Even if the police do nothing but have a stern talk with the fellow, that could be enough to convince him to knock it off.
For your information, Under Massachusetts General Laws Chapter 265, Section43A, Criminal harassment is a crime. Any person who "engages in a knowing pattern of conduct or series of acts over a period of time directed at a specific person, which seriously alarms that person and would cause a reasonable person to suffer substantial emotional distress, shall be guilty of the crime of criminal harassment and shall be punished". A first offense is a misdemeanor punishable by up to two and one half years in the house of correction. Hope all that helps.