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Taking noisy neighbour to the District Court

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    #32
    Kintarō Hattori
    Registered Users Posts: 14,993 ✭✭✭✭Kintarō Hattori


    So, she was a no show at court. The judge said I'd be notified of a new date and that he'd issue a bench warrant for her.

    This has been several weeks ago now, should I call the office of the district court and find out when our new date is? How do I go out finding when this is. Do I get a letter?


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    #33
    Kintarō Hattori
    Registered Users Posts: 14,993 ✭✭✭✭Kintarō Hattori


    Got it sorted, the Gardai called a while back and after a few attempts they took her away. She had been as quiet as a mouse for almost a week but started back again last night being noisy. The next day in court can't come soon enough.


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    #34
    STB.
    Registered Users Posts: 5,380 ✭✭✭STB.


    @ Kintaro....There was a similar case in Balbriggan DC a few weeks back......I was thinking of your thread when I read it!

    The judge compelled the noise maker to comply with Section 108 (3) of the Environment Protection Act OR imprisonment.

    >>>>

    https://www.independent.ie/regionals/fingalindependent/news/noisy-neighbour-created-living-hell-for-residents-37494685.html


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    #35
    Kintarō Hattori
    Registered Users Posts: 14,993 ✭✭✭✭Kintarō Hattori


    STB. wrote: »
    @ Kintaro....There was a similar case in Balbriggan DC a few weeks back......I was thinking of your thread when I read it!

    The judge compelled the noise maker to comply with Section 108 (3) of the Environment Protection Act OR imprisonment.

    >>>>

    https://www.independent.ie/regionals/fingalindependent/news/noisy-neighbour-created-living-hell-for-residents-37494685.html

    Thanks for that, I spoke with the chap who brought the case and he was very helpful.


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    #36
    Kintarō Hattori
    Registered Users Posts: 14,993 ✭✭✭✭Kintarō Hattori


    So just to update people on this. I managed to secure a court order against the neighbour that the noise emanating from her home should be normal household noise and nothing else. The issue had been going on for nearly a year and we first went to court in October 2018.
    When it seemed that threats of fine and imprisonment wasn't enough the judge decided to move a hearing to a different court where audio/video evidence could be shown. On the day she presented a letter to the court which she had given to me just the day previous. It wasn't the first time she had handed up something with no prior notice so the judge decided that she needed to have legal advice and someone to represent her as she didn't understand the severity of what she was facing. So it was put on hold for a further six weeks.

    I then decided that I'd be best to have a solicitor represent me as she would have the same. I asked around and word came back of a particularly good solicitor. They agreed to represent me and they pushed for a court order as this was something which was enforceable. The judge granted the order which has been in effect now for a few weeks.


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    #37
    Graham
    Moderators, Society & Culture Moderators Posts: 17,642 Mod ✭✭✭✭Graham


    Kintarō Hattori wrote: »
    The judge granted the order which has been in effect now for a few weeks.

    Has it had the desired effect?


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    #38
    Kintarō Hattori
    Registered Users Posts: 14,993 ✭✭✭✭Kintarō Hattori


    Graham wrote: »
    Has it had the desired effect?

    So far...... no. But it's a start to getting the issue resolved. I've made an appointment with the solicitor to see what the next stage is, how long the breaking of the order can last, whether it needs to be multiple issues before we can do something about it etc.


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    #39
    Graham
    Moderators, Society & Culture Moderators Posts: 17,642 Mod ✭✭✭✭Graham


    Thanks for sharing the process Kintarō Hattori.

    It's a subject that's come up a few times recently so I'd imagine you have a few avid followers on this thread.


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    #40
    ED E
    Registered Users Posts: 36,167 ✭✭✭✭ED E


    Taking your OP as it stands this person is very very mentally unwell. The threat of court action seems not to moderate her behavior. If being picked up on the bench warrant didn't do it then the same again for breaching that order will do what?

    It sounds like you're headed towards a slow process that will result in a short custodial sentence which will likely translate to a few hours in a holding cell and then a bus ticket home. Maybe a few nights quiet then back to status quo.


    Love to hear from the professionals here why I'm wrong. Or if this comes anywhere close to qualifying for action under mental health grounds.


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    #41
    Credit Checker Moose
    Closed Accounts Posts: 1,226 ✭✭✭Credit Checker Moose


    I seriously doubt it would pass the very high bar for involuntary admission to a mental health facility.

    That is likely to happen is a series of custodial sentences giving a few days respite and back to the normal behaviour.


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    #42
    Kintarō Hattori
    Registered Users Posts: 14,993 ✭✭✭✭Kintarō Hattori


    Credit Checker Moose wrote: »
    I seriously doubt it would pass the very high bar for involuntary admission to a mental health facility.

    That is likely to happen is a series of custodial sentences giving a few days respite and back to the normal behaviour.

    Does this just go on and on? Where does a line get drawn in the sand to say that this is having a catastrophic effect on the lives of the neighbours? Is the only realistic option open to the neighbours that of moving?


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    #43
    Graces7
    Registered Users Posts: 32,634 ✭✭✭✭Graces7


    Kintarō Hattori wrote: »
    Does this just go on and on? Where does a line get drawn in the sand to say that this is having a catastrophic effect on the lives of the neighbours? Is the only realistic option open to the neighbours that of moving?

    This is a hard one indeed. I have moved several times for various reasons and once it was because of excessive use of a crowbanger night and day and nothing could be done apparently. I tried the council, the gardai..

    After that i always asked about crowbangers before I took a place

    see

    https://www.independent.ie/business/farming/news/courts/the-crow-banger-would-wake-the-dead-and-was-going-off-for-30-years-jury-in-murder-trial-hears-37426951.html

    re the catastrophic effects .


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    #44
    Kintarō Hattori
    Registered Users Posts: 14,993 ✭✭✭✭Kintarō Hattori


    Question for you folks.

    When we went to court to get the court order I had asked our solicitor to see if we could get costs awarded. The judge ruled no, the solicitor telling me afterwards that the judge had felt it'd be impossible to collect as she's on a widow pension. That's fair enough, costs weren't important as such, it just would have been nice.

    Three weeks after the case she arrives home in a new 191 SUV which while I'm not privy to her financial details, I can't imagine is on finance. It seems like a kick in the teeth really. Can I seek costs or is it just something I need to forget?


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    #45
    Credit Checker Moose
    Closed Accounts Posts: 1,226 ✭✭✭Credit Checker Moose


    If the judge says no costs, then you are goosed.

    Even if you were to get costs, you would have to go through debt collection to collect. This all takes a lot of time and money. If she has ignored your initial court case she will ignore the debt collection case too. Good money after bad.


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    #46
    celt262
    Registered Users Posts: 3,495 ✭✭✭celt262


    Kintarō Hattori wrote: »
    Question for you folks.

    When we went to court to get the court order I had asked our solicitor to see if we could get costs awarded. The judge ruled no, the solicitor telling me afterwards that the judge had felt it'd be impossible to collect as she's on a widow pension. That's fair enough, costs weren't important as such, it just would have been nice.

    Three weeks after the case she arrives home in a new 191 SUV which while I'm not privy to her financial details, I can't imagine is on finance. It seems like a kick in the teeth really. Can I seek costs or is it just something I need to forget?

    Is it Electric? Would help with noise reduction if it is.


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    #47
    Kintarō Hattori
    Registered Users Posts: 14,993 ✭✭✭✭Kintarō Hattori


    celt262 wrote: »
    Is it Electric? Would help with noise reduction if it is.

    Ha no, it's diesel. Thankfully the days of her revving like a lunatic are mostly behind her.


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    #48
    irish_bhoy82
    Registered Users Posts: 218 ✭✭irish_bhoy82


    Hi, Interested to know how this faired out in the end. Im in a similar position now myself.

    Thanks



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    #49
    Comer1
    Registered Users Posts: 1,069 ✭✭✭Comer1


    https://www.boards.ie/discussion/comment/110491279#Comment_110491279

    Also interested in knowing how this faired out.



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    #50
    Kintarō Hattori
    Registered Users Posts: 14,993 ✭✭✭✭Kintarō Hattori


    https://www.boards.ie/discussion/comment/121178495#Comment_121178495

    It worked out in our favour. We kept a detailed log, we had CCTV recordings with audio, I had also bought a specialised audio recorder to pick up noise in the house (Teac DR-O5) and we were lucky enough to have some neighbours write letters of support stating there was an issue. A court order was issued and it's been relatively quiet ever since.



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    #51
    Comer1
    Registered Users Posts: 1,069 ✭✭✭Comer1


    https://www.boards.ie/discussion/comment/121183763#Comment_121183763

    Genuinely delighted to hear this👍️



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    #52
    irish_bhoy82
    Registered Users Posts: 218 ✭✭irish_bhoy82


    I am in a similar position now its been going on for over 3 years. Gardas have issued 3 Behavoural Orders over the course of 3 months to them but they continue to be noisy every night.

    We got legal advise which was to keep pushing the Gardas and that getting a solicitor to bring this to court would end up costing a fortune and due the the neighbours circumstances we were unlikely to get costs covered.

    A few weeks ago the Garda seemed to be going to pursue court and we were somewhat relieved with this as we have a detailed log kept for a 2 year period and also sound recordings captured detailing the noise.

    But he seems to have been now told by his Seargant not to pursue court and they have pushed back on to us saying court will not resolve this issue. To try mediation or other options. We are at the end of our thether with it both my self and my wife's health is effected.



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    #53
    lightspeed
    Registered Users Posts: 1,267 ✭✭✭lightspeed


    Hi,

    https://www.boards.ie/discussion/comment/121224274#Comment_121224274

    Hi, facing a similar situation and just wondering is it not your choice to file a noise pollution complaint in the district court?

    I didn't think it was up to the Garda to rule as to whether court action can be pursued or not?



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    #54
    cavagirl
    Registered Users Posts: 19 ✭cavagirl


    https://www.boards.ie/discussion/comment/107823441#Comment_107823441
    https://www.boards.ie/discussion/comment/107823441#Comment_107823441

    Hi,

    We are in the middle of debating whether to bring our neighbours to district court also. In our case it is multiple dogs barking for hours on end some days, it's actually mental torture to listen too & has been going on for years now!! Do you mind me asking what you used to record outside noise? We are just nervous that if the judge doesn't find in our favour that they will just make things worse for us with more dogs or something as they breed them. Any help advise would be greatly appreciated.



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