How can I proceed with criminal mischief charges against my ex? 7 Answers as of December 28, 2011
My ex boyfriend destroyed my personal property, such as, my TV, clothing, shoes. He even broke the door to my bedroom. All of this comes close to an estimate of $2,000 in value or more. My second concern is that he got rid of most of it, I only have the TV and some shoes as evidence. He admitted to me that he destroyed my stuff and threw it out in someone's trash. He refuses to repay me for the damages. I feel helpless, this all has caused me emotional distress.Free Case Evaluation by a Local Lawyer!
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Free Case Evaluation by a Local Lawyer: Click hereLutwin & Lutwin, LLP | Joel M. Lutwin
You should consider suing him in small claims court- i doubt the police will be interested in your matter- and even if they were it would not get you money damages from your ex.
Answer Applies to: New York
Replied: 12/28/2011
Law Offices of John Carney | John Carney
We have both criminal and civil courts to handle cases where someone has committed a crime or interfered with property. You can either have him arrested or sue him in small claims court. If you have enough proof that he stole or damaged your property the police will charge him with Criminal Mischief or Grand Larceny and if he is convicted the judge can order restitution. If you can prove the case in small claims court the judge will give you a judgement and you will be able to try and collect the money. The court cannot give you the property back usually, but it can award money damages of an amount equal to the value of the property at the time of the loss. If he is working you may be able to garnish his wages. Otherwise you can just hurt his credit and stand in line with his other creditors. When you sleep with dogs you get flees. My guess is that anyone with a true sense of the nature of people would have known that he was an immature, violent, uneducated man who was likely to either hit you or steal from you, cheat on you, or abuse you. He is probably not the man for you and you should be lucky to be rid of him before he gets you pregnant and you have to deal with him for 30 years. Life is about making good decisions. I advise you to get a good education, find a career you love, and cultivate a healthy relationship with an honest, kind, sincere man who loves you and will make you happy. This does not happen overnight or without much hard work, but it is worth it in the long run. Good riddance to bad rubbish. Have the police and the courts get you whatever restitution you can and teach him a lesson.
Answer Applies to: New York
Replied: 12/27/2011
Law Office of Jared Altman | Jared Altman
You need to report this to the police.
Answer Applies to: New York
Replied: 12/27/2011
The McDonnell Law Firm, PLLC | Patrick J. McDonnell
Make a police report. It's that simple.
Answer Applies to: New York
Replied: 12/27/2011
Palumbo and Kosofsky | Michael Palumbo
Call the cops and make a complaint. He should get arrested.
Answer Applies to: New York
Replied: 12/27/2011
Bruce Yerman, Attorney At Law | Bruce Yerman
You have three options: 1) you can file a criminal complaint against your ex-boyfriend with the police; 2) you can file a family offense petition in Family Court; or 3) you can simultaneously exercise option 1 and option 2. The first option could result in felony charges (based on the value of the damaged property) and/or misdemeanor charges filed against your ex-boyfriend in Criminal Court. He would face the possibility of a criminal record, jail time, probation, restitution, and all other sentencing options available to Criminal Courts. If charges are filed, the Criminal Court most likely would issue a temporary order of protection while the criminal case is pending, and a final order of protection when the case is over, directing your ex to stay away from you and to avoid communicating with you in any way. The second option would require your boyfriend to appear in Family Court. The Family Court most likely would issue a temporary order of protection while the family offense proceeding is pending, and a final order of protection when the case is over, directing your ex to stay away from you and to avoid communicating with you in any way. If you proceed in both Criminal Court and Family Court, the cases will most likely be joined in an Integrated Domestic Violence ("IDV") Court. One judge would preside over both proceedings (one of which would be prosecuted by the District Attorney, the other of which would be prosecuted by you or your lawyer). Where you proceed could depend on how much you want to jam up your ex-boyfriend and other factors. Ideally, you should consult an attorney who is familiar with handling domestic violence cases in both Criminal Court and Family Court, to help you determine which venue or venues is consistent with your goals.
Answer Applies to: New York
Replied: 12/27/2011
Gonzalez Law Associates P.C. | Carlos Gonzalez
Contact the local police department or local district attorneys office if you'd like to file criminal charges. They will handle the case from there. Or you may file a lawsuit in small claims court for the value of property damaged.
Answer Applies to: New York
Replied: 12/27/2011









