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socrateaser
socrateaser, Lawyer
Category: Legal
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Experience:  Retired (mostly)
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My ex-girlfriend moved out at the beginning June 2013 and we

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My ex-girlfriend moved out at the beginning June 2013 and we left on bad terms. She was complaining about the rental deposit ($1200).. and stating that she wanted the money post move out because the funds were provided by her stepmother when we moved in last October (2012). Besides that, I was receiving harassing emails, texts and threats to my personal belongings. Shannon destroyed my older macbook, stole my car keys and has continuted to send me threatening and harassing emails and texts. I've told her to cease contact via phone, email, letter and text message. Shannon has disregarded my request which is harassmant.... correct? Also, I have reason to believe that Shannon stole my cat Friday June 21 late at night. My cat never leaves the area of my apartment. I literally let him out that night around 12AM, after I fed him and I called him inside a short time later to go to bed around 1AM. He never responded, and I haven't seen him since. Shannon has already damaged my property (computer), lost my property (keys) and Now I have truly believe she has my cat. What can I do in this situation? I doubt the cops would help me... in that they would go to her home/apt or whereever she is now and search for my cat? She will lie if I confront her... my only option is to spy and catch her red-handed. What should I do?

Submitted: 1 year ago.
Category: Legal
Expert:  socrateaser replied 1 year ago.
You're probably correct that the police will not get involved -- yet. However, if you don't report the actions of your ex, then if and when they continue, you won't have any proof with which to obtain a stalking order.

You could request a domestic violence protective order (DVPO), right now, without any police involvement. If your ex subsequently violates the DVPO, you can call the police and they will arrest her for that violation, even if none of the other issues are present.

Credible proof of the destruction of your personal property is all you need to get a DVPO. If you testify exactly as you have done here, given that your ex is already out of the property, the court may or may not grant the order. It would be better to have some corroborating evidence -- photo, video, txts, emails, other witnesses, etc.

What I've described are the only options. Getting proof, and how to do it, in an economically feasable manner is up to you. If you think she will continue to come around, then maybe you want to install a webcam or two and see what you can catch.

For info on obtaining a DVPO, see this link.

Hope this helps.
Customer: replied 1 year ago.

So, with all of this..... how do I get my cat back. Calling and making accusations over the phone will get me no where. Sitting back and doing nothing will do the same.


 


Do I have a private investigator track her down and find out where she has Aries? Do I call her and lure her into a confession.... like. "I will write you a $1200 check now for the deposit, but I need you to give me Aries back.1" I could record the call and would have hard evidence to give to the police that she stole my property. I mean, the DVPO is good moving forward, but I need to get my cat back first. This is an exotic breed cat, they range anywhere from $1000-$3000. So It makes perfect sense that she would take the cat to not only get the lease deposit money she signed her writes away too... and out of vengeance and malice due to our awful break-up.

Expert:  socrateaser replied 1 year ago.

So, with all of this..... how do I get my cat back. Calling and making accusations over the phone will get me no where. Sitting back and doing nothing will do the same.


Do I have a private investigator track her down and find out where she has Aries?


A: That will run you at least $1,000. So, probably not a good plan -- though it may be your only option.


Do I call her and lure her into a confession.... like. "I will write you a $1200 check now for the deposit, but I need you to give me Aries back.1" I could record the call and would have hard evidence to give to the police that she stole my property.


A: Recording a phone call without the other party's express or implied consent is a crime, and you could be arrested and charged, regardless of whether or not your ex took your cat. Penal Code 630 et seq. She may claim that it was also her cat, because she fed it and cared for it, paid for food, litter, toys, etc. It's not cut and dried. So, this this also is a bad plan -- unless your ex first makes an extortionate offer, e.g.: "Oh, you want your cat back, do you? Well that will cost you $1,200." You could record that, because there is an exception for extortion threats in the eavesdropping law. Penal Code 633.5.


I mean, the DVPO is good moving forward, but I need to get my cat back first. This is an exotic breed cat, they range anywhere from $1000-$3000. So It makes perfect sense that she would take the cat to not only get the lease deposit money she signed her writes away too... and out of vengeance and malice due to our awful break-up.

 

A: There is no easy way to get the evidence you need -- unless you know of a mutual friend who could visit her, observe the cat, and then testify in your behalf. That would mean betraying your ex, so it could be difficult to find such a person. But, that's the only thing I can think of that might work.

 

I can talk all day and night about the law and how it applies. But, I'm not a professional investigator, so collecting evidence is a little out of scope for me.

 

Hope this helps.

socrateaser, Lawyer
Category: Legal
Satisfied Customers: 33492
Experience: Retired (mostly)
socrateaser and 15 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Thank you for your replies. I'm in a really shitty position.

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