Can I press charges for theft if my ex took my personal belongings without my knowledge or consent?
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Can I press charges for theft if my ex took my personal belongings without my knowledge or consent?
He put them in the back of one of his trucks and took it somewhere else to go
through it he said he did my laundry for me I don’t want him to do my laundry for me. When he came back he was wearing one of my brand new camping jackets I did not give it to him. Also, he informed me that he threw away the junk close, etc. and washed everything else. It’s not his decision what to throw away of mine and what to keep I did not give him permission to go through my things this is not the first time he has robbed me he just keeps getting away with it because I haven’t
done anything about it.
Asked on October 14, 2018 under Criminal Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Yes, you can press charges, but may be better off suing him for the value of what he took. The reason we say that is that charges are something you ask for, but don't control: the police investigate, the prosecutor's office decides whether to bring charges, and if so for what and how to resolve them (e.g. accept a plea), etc. In my experience, the authorities do not always treat crimes committed between romantic or former romantic partners as crimes, at least if they are only property crimes and do not involve assault or domestic violatence. Rather, they often treat them as "civil" disputes over the ownership of property--something you sue over, not bring charges for. While they are wrong to do this, it is very hard to force the authorities to take something seriously if they are disclined to do so.
But in a civil suit, *you* are the lawyer and in control: you can be as aggressive as you like in pursuing the case. So a civil lawsuit, preferrably in small claims (which is much easier for nonlawyers) if the value involved is less than or equal to the small claims limit is probably a better way to go.
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