Harassment by neighbors can take many forms, including yelling obscenities; loud and disruptive noises (especially at night) from parties, fights, or other activities; threatening or abusive behavior; or damage to your home or yard by pets.
If your neighbor’s behavior is merely annoying and not abusive, threatening, or criminal conduct, you may be able to resolve the issue with a courteous discussion. But if your neighbor’s conduct is threatening, abusive, violates a noise ordinance, or is a criminal offense such as stalking, trespassing, or peeping, for example, you may be able to get assistance from the police (call 911 in an emergency) or from the civil courts in the form of a restraining order.
In South Dakota, harassment by neighbors is addressed under various state statutes and local ordinances. If the behavior includes yelling obscenities, loud noises, threatening behavior, or property damage, it may fall under local noise ordinances or state laws prohibiting disorderly conduct, harassment, or vandalism. South Dakota Codified Laws (SDCL) 22-19A defines stalking and harassment, which can include repeated acts that harass or intimidate another person and could potentially apply to neighbor disputes. For criminal activities such as trespassing or vandalism, SDCL 22-35 and 22-34 respectively provide legal recourse. In cases where the behavior is threatening or abusive, victims can contact law enforcement or seek a protection order under SDCL 25-10, which can prohibit the neighbor from engaging in certain behaviors or coming near the victim. It's important to document incidents and, if possible, attempt a courteous discussion to resolve the issue before escalating to legal action. However, if the situation does not improve or is severe, contacting the police or consulting with an attorney to explore legal remedies such as a restraining order may be necessary.