Q: I left an abusive relationship. I took some of my belongings and the dogs. He keeps telling me to bring his dog back.
I pay vet bills/ buy food, etc. and on all documents at the vet l am listed as owner. Can he call police and force me to give him the dog? She is used as my ESA. I have a note from my doc stating she helps me with my anxiety. He claims l can go back if l get rid of my other dog and give him back the one he wants. I don’t want to do that. I need proof he can’t have her. I am afraid he will trash my belongings if l don’t. I have no place to live except my car right now so l cannot even get the rest of my stuff. What can l do legally? I know l have 30 days to vacate once he serves me eviction papers but l can’t even let him find me.
A:
The police likely won't get involved in what appears to be a civil dispute over ownership to property. If he wants the dog back, he could report it stolen. He can sue you in Small Claims for the value of the dog or its return, if he can prove ownership. The fact that you use the dog as your ESA is irrelevant. That doesn't establish ownership. If you adopted, bought or were given the dog, it is yours. If any of those things happened with you and your boyfriend, you are both owners.
If you want your stuff back, you are going to have to go to his home to get them. If he won't give you access, you will need to sue him in Small Claims for the value of your things or their return. You would need to actually itemize each piece of property and place a reasonable value to it based upon replacement costs.
If you sue, bring all evidence of the existence of your property, and its value, and of your your efforts to get return or full payment (emails, voicemails, etc.)
Plaintiff’s Claim and ORDER to Go to Small Claims Court; Form SC-100 (Lawsuit for monetary damages)
Request for Court Order and Answer; Form SC-105 (Request for Return of Property, filed with SC-100)
Order on Request for Court Order; Form SC-105A
Proof of Service; Form SC-104
courts.ca.gov/forms.htm?filter=SC
No guaranties that these are the appropriate forms or that a Small Claims Judge will rule in your favor.
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