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My ex-fiance proposed to me in Nevada. At the time, he was

married to another woman. After...
My ex-fiance proposed to me in Nevada. At the time, he was married to another woman. After he proposed, he became emotionally, psychologically, and verbally abusive. A few months after he proposed, I discovered that he was continuing romantic relationships with others during our relationship, had asked many (4, including me) people to move in with him simultaneously to play the odds, and was having sexually explicit conversations with a 13 year old boy and trying to get intimate photos of this child. Shortly after that, he threatened me with physical violence and I fled the apartment. On the day I was returning to pack up my things he was out of the house (he had told me he would be there) and everything that he knew to be of sentimental value to me was stolen. This included ALL of my rings, except the engagement ring, which I was still wearing, and all my sentimental jewelry. He said this was clearly God's sense of humor. He has an elaborate story about a home invasion but, once I filed a police report for my stolen property, he returned to his home country almost immediately. He has been harassing me via email, phone calls, etc. for several months now. He just now demanded the engagement ring back in a hateful email. He then wrote the next day to say that he doesn't need it. I do not want any contact with this man and have been advised to continue with a no contact policy by law enforcement and mental health professionals.I have no way to send the ring back to him without contacting him for his address. I believe that, given the circumstances, he is responsible for the broken engagement, that he made the proposal under false pretenses, and that I do not need to return it. Any advice you have will be greatly appreciated. Thank you.
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Answered in 4 hours by:
4/23/2013
LegalEagle1
LegalEagle1, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 795
Experience: Practicing attorney licensed for over 23 years.
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Hello and welcome to JustAnswer. I would like to assist you with your question today.

If you want to take steps to ensure that you will have no contact with him you should consider filing for a civil protection order.

Under NRS 200.575(1), a person commits the crime of stalking if:

Without lawful authority, the person:

(1) Willfully or maliciously engages in a course of conduct that would cause a reasonable person to feel terrorized, frightened, intimidated, harassed, or fearful for the immediate safety of a family or a household member, and

(2) Actually causes the victim to feel terrorized, frightened, intimidated, or fearful for the immediate safety of a family member or household member.

A “family or household member” means a spouse, a former spouse, a parent or other person who is related by blood or marriage, or is or was actually residing with the person.



Under NRS 200.571, a person commits the crime of harassment if:

(a) Without lawful authority, the person knowingly threatens:

(1) To cause bodily injury in the future to the person threatened or to any other person; or

(2) To cause physical damage to the property of another person; or

(3) To subject the person threatened or any other person to physical confinement or restraint; or

(4) To do any act which is intended to substantially harm the person threatened or any other person with respect to his physical or mental health or safety; and

(b) The person by words or conduct places the person receiving the threat in reasonable fear that the threat will be carried out.

It would seem that what you have described falls into one if not both of these categories.

In Nevada, if you reasonably believe that you are the victim of a crime involving stalking and/or harassment you can file for a protection order which would essentially order him to not have any contact with you.

Your local court should have forms available for you to fill out to apply for an order.

The difficulty will be in having him served while he is out of the country. There are ways to have this accomplished and varies from country to country. But if he does return to Nevada and attempts to make contact with you, you can have him served at that then.

I hope that I have answered your question. Please let me know if you have more questions or need more information.

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LegalEagle1, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 795
Experience: Practicing attorney licensed for over 23 years.
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Customer reply replied 4 years ago

Thank you for your answer. I will look into the protection order.


 


My question was about the engagement ring. Do I legally need to return it?


 


Thank you.

I'm sorry that I misunderstood your question.

Typically an engagement is given to a fiancé as a conditional gift. Thus to keep the conditional gift, the marriage must occur. So in cases where the marriage does not occur the ring is usually required to be returned. However you situation is different.

Now in your case, you stated that while he initially requested you to return the ring, he wrote to you and told you to keep it. At that point he basically said "You can have the ring." So he now given you as unconditional gift the ring. Thus you now own it even though the marriage did not occur. Make sure you keep that letter from him in a safe place. You should not contact him any further and ignore his attempts to contact you.

Basically if he wants the ring returned, he would have to file a lawsuit to have you ordered to return it. It would be a civil matter. You could counterclaim him for any claims you may have such as the loss of items he says were stolen.

At that time you would introduce evidence of the fraud he undertook when he gave you the ring and argue that at the time he gave you the ring he had no intention of following though with the engagement, rather it was part of fraud to get you to move in with him and have a sexual relationship with him. You would also argue that he removed the condition of marriage for keeping the gift when he said you did not need to return it.

If he is as bad as you have said, I doubt the court will believe anything he has to say.

I hope that this time I have answered your question. Please let me know if you have more questions or need more information.

_________________________________________________________________
Please rate my answers with a positive rating (three or more stars) as this is the only way I receive credit and compensation for my work. If you have additional questions or need more information, please ask.

My goal is to provide with best assistance that I can. Please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also keep in mind that the law may not always be settled or may not support the position you want. My role is not to tell you what you want to hear. but to provide you accurate information as to what the law provides. Please do not rate me poorly just because the information I have provided does not support the outcome you desire.

You can always request me through my profile at http://www.justanswer.com/law/expert-legaleagle1 also begin your question with “For LegalEagle1”
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Customer reply replied 4 years ago

Thank you for your speedy reply. I really appreciate it.

Ask LegalEagle1 Your Own Question
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