Feasible to charge neighbors with child abuse for playing music too loud?
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Feasible to charge neighbors with child abuse for playing music too loud?
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So my brother and his family (2 kids, both under 4yo) moved into a 4plex. The people downstairs play thrash metal all day. The kids walk around the house with their hands over their ears and complain of headaches and can't sleep.
The neighbors don't care. The landlord cares less. Is it possible to have the neighbors charged with child abuse, disturbing the peace, and/or child endangerment?
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simplydelicious
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If the music is that loud all day CALL THE COPS it is NOT child abuse if it was every parent who took their kid to a rock concert would be in jail.
I would move and let the landlord know why. |
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jaydubb
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Have you called police for disturbing the peace or breaking the decibal ordinance? This is the age of the video police. Video tape the kids in your home, with hands over ears, with the sound of the music on the tape. Write down times and dates of informing the landlord. Get the cops out on a disturbance call or two. Offer the evidence to the landlord. TELL the landlord when he/she refuses to view it (assuming he/she has never heard it themself) that you are noting the time and date of refusal. My wife and I were multi-family property managers for 15 years. We heard it all and saw it all, and went to court for it all. Documentation is the ultimate key! Make every effort on your part, calmly, to seek a remedy through the landlord. Then, for free, go to one of the many available lanlord/tenant organizations and present your situation. They will help you resolve the problem. If, for some reason you cant find such a group, file suit ($25) in the local civil court and represent yourself in front of the judge. Believe me, tenants have more rights than landlords! |
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EX-REPUBLICAN
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child abuse...no...disturbing the peace...yes...He should call the cops everytime...The cops will come and give them a ticket and eventually they will get arrested if they ignore the tickets...If the cops can hear the music beyond what would be considered "reasonable" they WILL issue a warning and then a ticket...If the cops keep having to come back they will put and end to it...believe me...cops HAVE to respond to every disturbing the peace call. If they keep having to come back for a legitimate complaints they will solve the problem for your brother |
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C
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You can have them charged with disturbing the peace. Drive down to the local police station and tell them the problem. Ask them when music has to be low.
Also consider moving asap!! |
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BottledGenie
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Call the cops a few times to establish a pattern of breaking the noise ordinance and disturbing the peace. Tell the police there are children exposed to the excessive noise level. The police can file the complaint for you. Enough complaints could/should get them fined, jailed or evicted or all of the above. Your brother can file a complaint with the Landlords & Tenants association in his state about the bad landlord. Here where I live it is against the law to play ANY music after 10pm that neighbors can hear, trash metal or not. Your brother and his family have a right to protect their space and their hearing. He may have legal grounds to keep from paying his rent until the problem is rectified. |
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brattblonde16
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disturbin the peace, thats about it maybe child endangerment if your lucky |
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laughter_every_day
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There is no private criminal prosecution in the u.s. You cannot charge anyone with anything. The decision to use taxpayer money to seek a criminal conviction is reserved to the District Attorney or other prosecutor. However, if you have knowledge of a condition that is hazardous to children you are free to notify the cops or the appropriate child welfare agency. They can investigate and then the DA can decide. |
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kathy059
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Why not, it's America after all, the sue-capital of the world. I wouldn't go that route though, I'd wait until the music went quiet then I'd blast some Simon and Garfunkle or better yet, some Liberace for hours on end or until the people knocked on my door, at which time I'd move into "Let's Make a Deal" mode. |
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Dave C
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You could call child protective services and have them investigate... I'm not sure how far it would go but this is obviously not beneficial for the kids but based on your question it seems you could probably care less about the kids and more about the noise bothering YOU and using the kids as an excuse to ask this question and people go in your favor.
Just my thoughts |
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