Protection from abuse order/ Restraining order

[Peddler]

I've googled for information every way I can think of. This is firearm related so I hope it doesn't get moved to the lounge.

I live in an apartment and the landlord has an on site, live in, female manager that's threatened to kick my ass. She also said, "I have a key to your apartment and I'll kick your ass when you're sleeping. In short, I told her that is a bad idea and stop threatening me. She knows I own firearms and I wouldn't put it past her to either see that I'm evicted or to get a restraining order of her own. To sum up her demeanor, she's a heavy alcohol consumer that thinks she can do anything she wants because she's the manager.

I've contacted the landlord and we're meeting tomorrow. Given the circumstances and the fact that the manager lives on the property, I'm not going to mention getting a restraining order to him. I have everything typed up and documented to send to the landlord on Monday, certified mail. I'm also sending a copy to myself, post dated and to remain un opened. I've also recorded some of the harassment that the landlord will be able to listen to tomorrow.

Things have suddenly and surprisingly turned bad at the apartment I'm living in. None of it is my fault and I can prove it! I don't want to take the chance of this women getting a restraining order against me. I'd be evicted and likely lose my firearms. I'm going to make sure I'm the one that takes the first legal steps to get this resolved and have her kept from having any contact with me again!

My questions?

Can I get a protection from abuse order/ restraining order against the property manager?

Do I get it at a county courthouse? I'm in Adams county.

Is there a fee?

Can you offer up a brief description of the process?

Is there any chance my firearms could be taken away because I filed an order?

From everything I'm reading, there's not much I can do because she's not a spouse or relative or live in partner. That can't be right.

Any informative comments are greatly appreciated. I'm safe and I'll not be going anywhere near, nor have any contact with this manager again.

[Peddler]

Update: For anyone's information, I don't have a recording of her threatening me.

I do have recordings of her late night, loud noises, stomping etc; and a recording of one brief phone conversation.

I called her last night at 11:45pm, after her noise became unbearable. I said, "Debra, this is Mark downstairs, I'm trying to get some sleep." She said, "Oh well, try to get some tomorrow night."

I understand the recordings are probably not acceptable in court, but the landlord will hear them!

I basically have no evidence that she threatened me and it'll be a my word against hers if I can get some type of protection order.

[LittleRedToyota]

i can't really help with your questions...sorry.

but, to keep you from possibly getting yourself into more of a jam, if you recorded any phone conversations with her or otherwise recorded her speech and she was unaware that you were recording her, you may have been in violation of PA's wiretap laws.

PA is what is called a two party consent state. the consent part is a little misleading. the other person doesn't have to actually consent, they just need to be aware that you are recording them (if they don't want to be recorded, they can stop talking).

technically, the person has to have an "expectation of non-interception". at telephone call is pretty clear cut...people expect their telephone calls are not recorded unless you tell them they are being recorded. if you recorded her loud voice through the walls or something, she may or may not have had a reasonable expectation of non-interception.

this topic has been discussed thoroughly in a few threads on this forum. if you do a search, you will probably be able to find the discussions...some of which include citations of the actual statutes.

just wanted to give you a heads up so you do not dig yourself a hole trying to use what might be illegal recordings.

[thefirstndsecond]

Why not call the police on her and not deal directly. Then move.

[Peddler]

I was aware of the recording legalities. Most of the recordings are from inside my bedroom, and are of the loud, late night noise she makes. Last night she was actually stomping at 11:45pm on purpose. The one phone conversation wasn't directly from the phone. You can hear her say it in the background though.

Anyway, the recordings are only for the landlord to hear.

I'd like to move but I have a one year lease that ends next April.

Before the landlord leaves I'm going to let him Know he's lost a great tenant because of his managers actions. There are apartments for rent all over and the owners are having a hard time finding renters. I'm going to tell him, "When I move out you've lost that income. If you can't find a renter, you lose additional income. If a renter moves in and complains about her noise like I am, you'll either have to deal with the manager then, or risk loosing yet another tenant and additional income. Wouldn't you believe it's best to deal with the manager now? Or would you rather wait and risk loosing thousands of dollars because the manager feels she can do anything she wishes, at your expense?"

I hope that makes him think.

edit: I don't believe calling the police would have accomplished anything. It would be her word against mine and she izzzzzz the manager. She doesn't act like one, but there's a reason we all refer to her as The Dragon Lady.

edit again: I just wanted to add that I realize I'm living in a 150 year old house. There's going to be noises. I don't expect another person to live like a church mouse either. Playing the stereo loud, having a party, noise throughout the day, they're all acceptable. Some noise late at night is unavoidable and I won't be an ass about it.

But when someone's stomping on hardwood floors, dragging chairs, and making completely unnecessary, excessive noise, late at night, just because they think they're queen shit and they don't give a damn about the other tenants quality of life? Don't expect me to treat you to kindly in return, and do expect me to get to the bottom of it by presenting the facts.

When she threatened me, it was uncalled for and unprovoked. I do want to deal with that with any legal means available. For both of our safety's.

[spooter66]

I would suggest that any further dealings that you have with her or the landlord be done with witnesses present. Take a friend with you so it will no longer be your word against hers.

I would also recommend that you document everything and have your witnesses write statements after each encounter.

Good luck.

P.S. Try sleeping with earplugs in. They may help you sleep at night.

[Peddler]

P.S. Try sleeping with earplugs in. They may help you sleep at night.

That's a good one. I do have to wear ear plugs every night and not by choice. They're soft and the only type that'll stay in my ears. but they're very uncomfortable. Along with the ear plugs I have an ocean breeze CD I play when I sleep. Again, not by choice.

I'm not much on taking medicine and especially sleep aid because the Diphenhydramine that's in all of them gives me tense legs. I can't take antihistamines either. They make me feel very odd. I have started taking Melatonin with success, but this lady makes so much noise that all of them combined, her loudness still wakes me up. It's a brutal bunch of noise and she's very aware of just how loud it is.

The whole problem is she just doesn't care.

[spooter66]

Sorry if that sounded like I was trying to be an asshole, I wasn't. I used to work 3rd shift and had 2 kids in the house who thought that "Please keep it down so I can get some sleep" meant that they could make all the noise they wanted. I had to wear plugs for work so it didn't really bother me to wear them sleeping. I'm a very light sleeper, I actually sleep better with them in. Good luck.

[Peddler]

Sorry if that sounded like I was trying to be an asshole, I wasn't.

There's no need to apologize. It was a great suggestion.

I wish I had the ability to sleep soundly at night. I don't have a problem with noise outside, but her noise is 8 feet above my bed. Another reason I prefer not to wear ear plugs is you can't hear distant noises that are going on around you. My front door is a long way from my bedroom. I'd never hear an intruder. If there was a fire in the apartment building, I'd likely find out a little later then I'd like.

Sleep and noise in my immediate sleeping area have always been a problem for me. I can't sleep in a totally quiet room either. I'd hear a pin drop. I believe most of it is from being raised on a farm with no AC. We always had fans in the windows when it was warm enough. A quiet farm, the white noise, good sleep from hard work. Times sure have changed, but it's terrible living around noisy people that just don't care about their neighbors.

[Smalls]

That's ashame Peddler. I believe you are handling it alot better than I would. When she threatened you, was she intoxicated? Is she still an ass when sober?

Perhaps trying to deal with the woman while she's intoxicated isn't the best idea, I know some people can have very different personalities when it comes to that. I'm sure you've already tried this, but I'm just putting it out there.

Also, I can't sleep when it's completely quiet either. Have you tried a little desk fan or something similiar? Something to try and muffle the noise?

Good luck with the meeting. We still have to get together and do lunch. I'm off Tues and Thurs of this week if something would work for you.

And hey if you need a hand moving, I'd would be willing to help.