Legal Beagle: How to Remove a Restraining Order in California. The attorney listings on this site are paid attorney advertising. Chopping down, or killing, your neighbor's tree, even unintentionally, can lead to both criminal and civil damages. There are two ways you’re going to have to approach it: from a legal perspective, meaning what can you do to encourage your neighbor to help; and from a plumbing perspective, which basically means how do you get those burst pipes fixed. To get a restraining order against a neighbor in California, you must prove that you don’t have a pre-existing close relationship with the neighbor and that the neighbor engaged in behavior that made you feel endangered. 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). 18. Neighbor Disputes Legal Recourse. These forms include Request for Civil Harassment Restraining Order, Temporary Restraining Order, and Declarations for any witness statements to support your request. When awarding damages for harm to trees that are coowned by - Tenants who desire to use self-help to stop their neighbor’s nuisance should consult with an experienced tenant attorney before doing so. You should bring with you as much documentation as possible showing your neighbor’s harassment, including any letters, damaged property or voicemails. (To learn more about right to farm statutes, see Nolo’s article Rural Neighbors and the Right to Farm.). 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. Any violation of a civil harassment restraining order in California can lead to a fine or jail time, or both. ), Additional Damages and Criminal Penalties forIntentional Damage to Trees in California, California Statute for Additional Damages, Additional Amount You Can Sue for in California. If the neighbor causing the nuisance and I live in the same building, is my landlord liable? The charges, fines and jail time your neighbor may get depends on the nature and severity of the harassment. 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. The law states that if your neighbor erects a fence (which can be made out wood, cinder blocks, bushes, etc.) 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. You can proceed with criminal charges as well as file a civil action against your neighbor for violating the restraining order. You must take into account the health of the tree before you start cutting or chopping. Regardless of where you call home in California, you have some options for dealing with secondhand smoke, specifically cigarette smoke. While you can access the forms you need to fill out, you must still submit hard copies in person at your local courthouse. Existing law defines the rights and obligations of owners of real property. By law, you have the right to trim branches and limbs that extend past the property line. 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