Hello, and thank you for allowing me the opportunity to assist you.
Q: Is there any way short of a restraining order that I can have this matter settled in court in the presence of a judge ?
A: There is an old saying that you probably know: possession
is 9/10 of the law. That old saying is quite apt here, because you have the ring, so there is nothing for you to do. If he continues harassing you, then you can get the restraining order. But there is no reason for you to take this to a judge since you have the ring and don't need anything from your ex. It is up to your ex to sue for the ring. If he does, then a judge will decide.
Q: Also, is he entitled to the ring back at this point after giving it to me again as an "unconditional gift" rather
than an engagement ring?
A: No, he is not entitled to the ring. Based on what you wrote, he gave it to you as a gift rather than an engagement ring (i.e., a conditional gift). Accordingly, it is yours and he cannot get it back unless you voluntarily give it back.
Q: What is your advice on how to proceed ?
A: If I were you, I would tell him that you are keeping the ring since it was a gift, and that if he wants it back then he will need to sue. I would also tell him that if he does not stop the harassment
, then you will be forced to get a restraining order, in which case he will not only be out an expensive ring, but he will also have the restraining order on his record, which could present problems for him in the future. You could also retain an attorney to write a cease and desist letter. That may be helpful to get him to stop without the need for a restraining order, though it would likely cost you $500 (give or take). The restraining order would be easier and cheaper. Just visit the local police department and they will likely help you with the forms.
Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, your positive feedback is much appreciated. Thank you for using our service!
If you would like to direct additional legal questions to me in the future, then please type "To VAMD" in the subject line of your question.