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How do I go about getting a No-Trespassing order for my house? I have a very disturbing neighbor, who has already thrown trash barrels at my car, punched holes in the siding of my house, stolen many of pair of panties from my wife's laundry, and even chucked a football in anger.. which hit my wife when she was pregnant. He scares the **** out of my 20 month old daughter who can visibly see his anger, in fact one time he even kicked the sliding glass door right where she was standing (she was inside, he was outside) because it was after 9pm and we didn't answer the door, apparently it made him angry that he knew we we're home but didn't want him over.

Before you may judge me as to what type of a father lets this happen around his kid, let me clarify that the neighbor I am referring to has Fetal Alcohol Syndrome and has the IQ of a 7 year old. He also has a pacemaker.

In fact, I have called my local PD during the incident when he kicked the sliding glass door, but they weren't able to do much because he is usually just transfered to the mental health department. I expressed my sentiments to his parents and to him that I didn't want him over, but within a week after he got out of the asylum, he returned to my premises.

He is not related to me, so a 209(a) is out of the question. Here are my questions and I thank you for your response!:

1) How do I go about filing a no-trespass order (am I even eligible?)

2) Does a sheriff serve him at his house?

3) If I am able to obtain the order, does a police officer have to actually be there to witness him trespassing? My thought is he could run back to his house (next door) if I let him know I was contacting the police.

4) What would be the charge if he did return? Would it be likely to go to court since he usually gets transfered to the Department of Mental Health?
 

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You should be asking these questions at your local Police station, not on an online forum. If you're seeking a no trespass order, your local PD should be able to assist with this. Once the form is completed, the Police will serve a copy to your neighbor. If he trespasses after recieving this notice, he can be arrested for trespassing. You really should call your local PD about this matter. Good luck.
 

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Ill leave the legal advice to the experts here..but I would document every incident and even think about installing a video surveillance system, this guy sounds unstable...
 

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Good luck, If he's as mentally unstable as you say he is and has that low an IQ then his parents are probably his guardians because he cant take care of himself. You may want to talk to a lawyer as well as the Police.the advice about installing video is good because if , God forbids,he becomes violent and you have to respond...you will be dragged through hell for hurting or killing a "retarded child".
 

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If you choose to get a no-trespass order a deputy from your county Sheriffs Dept. civil process office will serve the order "in hand" to the defendant and a copy will be given to the local Police Dept. for enforcement of said order. Yes it is an arrestable misdemeanor. I would also document any interaction you have with him including any damage he does to your home. A video camera is a great idea. If all else fails, turn the microwave on next time he comes over.
 

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It would take a LONG time if not forever before the state would commit someone like this guy. The DMR and DMH would be going back and forth for years. Plus outside of a felony crime, it is unlikely he would be sent to state hospital.

Long story short there is no sending people away anymore. Basically the hospitals stabilize (if possible) someone on medication and then release him or her. With Fetal Alcohol syndrome it could be possible that drugs may or may not do anything at all to help him calm down.

Pretty much get a no trespass order, then he will eventually learn not to come over anymore.
 
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