Redding, CA asked in Criminal Law and Domestic Violence for California

Q: If a spouse grabs my wallet and phone and refuses to return them, may I use reasonable force to get them back?

We are a lesbian couple. I have already filed for divorce. I have documented, and video evidence of her threatening a Domestic Violence case against me so she could take me for everything in the divorce. I used reasonable force to the point I didn’t get it back from her,I left without my property over night and she never gave it back. The police gave it to me before they arrested me for felony DV with corporal injury. She claimed some bruising was from me. She videotaped the entire incident. Can’t see much but You can hear me asking and demanding repeatedly for 5 minutes “just give me my phone” and no physical contact. At the end of video we both simultaneously grabbed for possession of which reasonable and unsuccessful force as I left without my property. However she claims I beat her up, which the video does not show by sound or picture. She said later she had done a citizens arrest.

1 Lawyer Answer
Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: MUCH MORE INFO NEEDED.

DID YOU ALREADY DO THIS AND GET ARRESTED?

HOW MUCH FORCE DID YOU USE? WAS IT REASONABLE FORCE?

IF SO IS SHE CLAIMING DOMESTIC VIOLENCE AND USING IT IN A DIVORCE PROCEEDING (WHICH IS COMMON)

1 user found this answer helpful

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