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A Little Help! (Draper Park Diary Update)

It's 8:35 pm, Sunday, September 16, 2012. I am just back from the Milford Police Station. I've had another encounter with my neighbors... These are the same neighbors, apparently, who were raising turkeys--illegally--in their yard last year. (http://www.milforddailynews.com/newsnow/x1152090968/Nolta-A-Draper-Park-diary) These particular neighbors are located kitty-corner from my own yard, and when I asked them, last year, if they might not at least keep the turkeys closer to their house than mine, the older woman started screaming names at me (which were later translated by a nice woman at Town Hall as "stupid idiot"). I was also accused of having called the police on them for raising turkeys--I hadn't--and of having my own loud pets (I have no pets). That, in the past eighteen years, is the only encounter I have ever had with these particular neighbors. Until today.

Early this evening I went into my garden, and, as usual, was greeted by the frantic barking of two large dogs in the yard kitty-corner to mine. I thought, since I basically like animals, that I might approach them, and possibly even pet them through the fence, just so they wouldn't be so freaked out (and make such a lot of noise) every time I go into my garden. While I was talking across the fence to the (increasingly open-minded) dogs, an old woman whom I recognized from my experience last year, came out, barking much louder than the dogs ever did. She was speaking a language I do not understand. I asked her if she spoke English, and she signalled to an old man behind her, who also, apparently, did not speak English. I thought they were going to find someone who did speak English, but they just went back into the house, and so, after a few minutes, did I. That was that. I thought. 

About an hour later, while I was watching a movie and finishing my dinner in my home, there was a loud banging on my back door. I went to see who it was, and found a young woman on my back porch. She had opened the outer door, and lodged her leg there to keep it open. She was screaming that I had yelled at her parents (I had not)--in fact, she claimed that I was always yelling at her parents (I have only spoken to that older couple once before in 18 years, and never yelled at them). Moreover, I had never seen this young woman before. I asked her to please leave my property. She refused--she would not even let me close my door. She screamed at me, and swore at me, and told me to call the f***ing police, which I immediately did (and if they do, in fact, record their calls as they claim, they have a record of her vile language and know that she was completely out of line). She had at least one young man with her, also yelling, also completely unknown to me. The police came and spoke to the woman, and defused the situation. After everyone dispersed, I walked to the Police Station to file a complaint--I don't see what else there is to do, when someone trespasses and swears and screams at you on your own property, and falsely accuses you of something you have not done. So I am now asking for help from my fellow townspeople. How would you handle this? Milford Police Officer Angel Arce, who was a model of calm, agreed that I should never speak to these people or their dogs again, and if there is a noise problem, to call the police. I'm willing to do that. But I would also like to guarantee that these people never trespass again, nor slander me on my own property. How do you ensure what seems to me the minimum of personal safety? How do you address people who come in groups, and scream vile abuse against a person living alone, who only wanted to make peace with their more peaceable dogs???

Any ideas? Little help?

Shannon Pataky

9:40 am on Monday, September 17, 2012

Wow, what fiasco! I'm more on the peace end of things. I would find out what language they are speaking and have someone translate yesterdays intentions for you. You do have to live near these people, a peaceful resolution would be worth my time, even if it didn't work. I work with a lot of people who come from a lot of places. Being a boss, when intentions get lost in translation, I always find someone who can try to translate and resolve the issues and it usually helps. unfortunalty, some of these people have been raised to think all white americans are racist and sometimes it takes a whole bunch of work to get rid of this sterotype, but to see 40 people from 10 different parts of the world working in harmony is worth the effort. Good luck with your neighbors either way. I hope you can find some peace in your home.

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UglyHat

10:29 am on Monday, September 17, 2012

I think I would move. I don’t say that lightly. I know you shouldn’t have to leave your home because of someone else’s actions – and certainly you don’t have to. But it sounds to me as though you have not enjoyed living where you live for some time now. I would not want to live that way. I would try to find a place I could enjoy.

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David Nolta

11:12 am on Monday, September 17, 2012

Oh thank you both, Shannon and UglyHat! It's my fault if I've given the impression that I'm not happy here--MOST OF THE TIME I LOVE IT! My house is a real wonder, and I have met lots of people I really like. But it does shake me up when people do physical things, like take my camera, or wedge themselves in my back door and scream (and the woman last night certainly did speak English--but not a NICE English!). These are the exceptions. I have considered moving during the bad times, but my experiences have actually shown me that relations can improve if both "sides" are willing to work. Physical aggression, however, leaves me in a kind of limbo--wanting to stay, knowing how nice it can be, and yet, vaguely fearful... But thanks to you both for listening and trying to help!

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Cheryl Gould Mouyos

11:45 am on Monday, September 17, 2012

Good fences make good neighbors. Maybe a nice stockade one :o)

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Mary MacDonald

11:42 am on Monday, September 17, 2012

I would say good fences make good neighbors, but it sounds like she walked around the fence and into your yard... unfortunately, you can't guarantee they won't trespass again. But in a city, you would have a locked gate to your backyard. Maybe this is the solution?

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David Nolta

11:54 am on Monday, September 17, 2012

Thanks to you, too, Cheryl and Mary! As far as access, this woman and her male companion came right up into my yard; she opened the screen door on my back porch (enclosed by walls on three sides), and wedged herself in between the inner and outer doors, so that I couldn't close either door once I answered the banging. The police arrived to find her like that, on my porch, holding my door open. I just went back to the police station to try to ensure that there is some sort of follow-up. They said they will try to get me a report in the next few days. I certainly plan to go to Court to guarantee they stop their illegal aggression! Thanks again!

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Shannon Pataky

12:30 pm on Monday, September 17, 2012

sorry, let me clarify here, I was mearly commenting on the first party, where the disagreement/misunderstanding orginated. I fully agree that not only was trespassing not nessacary, but also that by holding your door open and screaming profanities is just plain insanity. but, typically second parties tend to over react only hearing half the story, and only half of that story being true most of the time. I am sorry that you're experiancing all this, I wish I could be of more help. You seem like a very peaceful person. I hope it all works out so that you can live that way.

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David Nolta

12:32 pm on Monday, September 17, 2012

Thanks again, Shannon. I never give up, and I AM willing to negotiate--ask my students!--but not about trespassing and screaming...

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Sheryl Pearson

1:21 pm on Monday, September 17, 2012

Get a dog. As they offer the best protection against unwanted visitors or neighbors. And of course, call the police asap, in case they decide to retaliate or remain on your property. You'd be surprised how fast they leave, especially if you have a big dog like a German Shepherd or a Great Dane. Don't let those neighbors of yours continue to make a nucuence of themselves!

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David Nolta

1:56 pm on Monday, September 17, 2012

Thanks Sheryl. A dog is definitely a possibility. I've never had one--only very large cats--but I'll think about that smart advice!

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Myd Nevins

8:17 pm on Monday, September 17, 2012

Or a No Tresspass Order. I'm not sure but from what I'm told, its easier to get against someone who it might be hard to prove they are a threat.

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David Nolta

8:23 pm on Monday, September 17, 2012

Thanks Myd. I'm not sure what sort of threat they are--but I don't want 'em on my porch, opening my door and screaming obscenities. I'll see what the police do--I'm still waiting for the police report. But thanks for responding!

David Nolta

4:37 pm on Monday, September 17, 2012

Julie--I asked about that at the police station today. I've never done anything like that before--I've never needed to. But I really don't like people coming onto my porch, preventing me from closing my door, and screaming at me. So it's a good idea! And thanks for your advice.

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Thomas OLoughlin

11:34 am on Tuesday, September 18, 2012

David,
If you do not want a particular person to enter upon your property, you simply have to send them a registered letter telling them that they should not come onto your property or they will be considered a trespasser in accordance with Massachusetts General Laws c. 266 s. 120. You should mail it to them certified mail return receipt requested. When you receive the receipt, bring a copy of the letter and the receipt to the police station.
As for a restraining order, you are not eligible for a restraining order pursuant to M.G.L. c. 209A as you are not in one of the relationships listed in the statute and you need three incidents or events before you can seek a harassment prevention order in accordance with G.L. c. 258E.
I hope this information is helpful to you.

Chief Tom OLoughlin

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David Nolta

3:48 pm on Tuesday, September 18, 2012

Thank you, Chief. My concern is that I don't know the name of the woman or man who came onto my porch and opened my door and screamed at me, and wouldn't let me close my door or leave when I asked. I assume that, as she was still on the porch holding onto my door when the police arrived, they have taken her name, and when they tell me who she is I will happily follow up with a letter, as you suggest. Thank you.

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Ray Fellows

4:08 pm on Tuesday, September 18, 2012

Pit bulls make ur unwanted neighbors stay away

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The other scared neighbor

6:14 pm on Thursday, September 20, 2012

ALL- I AM THE NEIGHBOR ON THE OTHER SIDE OF THE FENCE. ALLOW ME TO SHARE THE TRUE FACTS:
1) This individual is not my neighbor. His home does not touch my yard. Therefore, he has to go out of his way into the neighbors driveway to be able to get to our fence and see our yard, and scare my elder parents who are on their own property and cannot understand what he is screaming about. He scares the heck out of them while they stand on land that they own and pay taxes on. You sir, are trespassing in your neighbors yard.

2)The truth is that yes, the dogs were barking. THEY WERE BARKING AT YOU as you were leaning over the fence.A dog should bark at an intruder. That's what they do.

3) Why do you keep tresspassing to the neighbors yard and stare into our yard? My parents are fearful that a strange man is watching them and yelling at them in a language they dont understand. How would you feel if the situation was reversed?

4) The "young girl" you reference was alone and weighs less than 105 pounds soaking wet. She was fed up with seeing her parents upset (and her mom cry) because of the strange man who peeks over the fence while she is in her own yard. She has told you before, if you have any concerns to come to the house and speak to one of the children who can actually communicate with you. We have never had any issue ever with our neighbors ever...until now.
5) Since when is rescuing two wild turkeys from certain death and raising them a crime.

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Ray Fellows

6:41 pm on Thursday, September 20, 2012

Thats why you never form an opinion before you hear both sides of the story. Very interesting.

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David Nolta

6:52 pm on Thursday, September 20, 2012

Oh Dear,
I have never yelled at this old couple, and I have never leaned over into their yard, and in the past, when my neighbors have complained about their wild (and LOUD, and ILLEGAL ) turkeys, this sweet old couple screamed names at me. Names which the very nice, Portuguese-fluent woman at Town Hall interpreted as insults. As to whether or not these people pay their taxes, I have no idea. I have EXCELLENT relations with my neighbors on either side of my house, and I have NEVER trespassed on this 105-pound woman's property in my life. But this 105-pound woman and her somewhat heavier male companion did indeed trespass on my property, OPENING MY BACK DOOR, screaming obscenities, in the middle of which they were interrupted by the Milford police. As the police report and recorded telephone call will confirm. Soaking wet, and arrested, is very much what you will be the next time you break the law in the way that you did last Sunday. Ray Fellows, do you have some fact to add?

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David Nolta

6:59 pm on Thursday, September 20, 2012

And stop lying--you were not present but believed your lying parents when they told you whatever they told you about me. My garden is kitty-corner to your yard, and provides an extensive view of that space, where you have tried to raise wild turkeys ILLEGALLY in a residential neighborhood. I don't care where you came from or whether or not you are here legally, but you have continued to violate town ordinances, and you will not be allowed to continue to violate the rights of other Milford citizens (who by the way, have paid their taxes for decades, do not weigh considerably more than yourself, and do not trespass on the property of, nor slander, their neighbors. Thug.).

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David Nolta

7:22 pm on Thursday, September 20, 2012

And by the way, Miss Lopes, the fact that you weigh 105 pounds does NOT, UNDER AMERICAN LAW, entitle you to break the law. Read up, and consider your actions in future.

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Thomas OLoughlin

10:46 pm on Thursday, September 20, 2012

Respectfully, this is not a personal situation for me as the Chief of Police or the police officers who may respond to your calls for services, as property owners YOU decide who can enter in and upon your property, thus it is YOUR resposiblity to exercise your property interest and notify people you don't want to enter in and upon your property. After you do so the police have the legal authority to exercise statutory authority to protect your property interest against "trespassers" in accordance with the law. So, given your blogs, it is evidently obvious that neither of you are interested in interacting with one another at this time so I would suggest that you take the time to protect your property interest and serve each other with a "No Trespass" notice and then, respectfully abide by each of your legal property interest so the police do not have to be involved. Chief Tom OLoughlin

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David Nolta

10:52 pm on Thursday, September 20, 2012

Yes, Chief O'Loughlin, I have done exactly what you suggested. The police did witness my repeated requests that Miss Lopes and her friend leave my property (I have never been on her property in my life). Thank you again.

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