Santa Clara, CA asked in Criminal Law, Divorce and Family Law for California

Q: Need help with a Grand Theft / Robbery discovered this past week. ≈ $7500 value. A fence seems to be involved, too.

My soon-to-be-ex stole property from my home [in contention].

Background: She claims / her excuse is that she cannot afford her expenses due to injuries she sustained in a bike crash 2/2023 and a post-flight PE that supposedly left her neurologically injured and "unable to work". The medical information from the bike crash is under scrutiny and the PE has no doctor's opinion to support her claims of inability to work.

She filed what was ruled a meritless DVTRO, kept me from my home for 10 months. I can return as of 10/2023 but she's unpredictable / vindictive. I am, frankly, unwilling to put myself at risk. She's willing to commit perjury, twist truth, turn anything I do against me. She's in contempt of court on several issues to be adjudicated, committed ≈11 not-provable [no court report] perjuries and is mentally abusive / volatile.

She claims she can't pay her bills. So, instead of getting a paying job, she stole my property and posted it online for sale.

Robbery or GT?

2 Lawyer Answers
James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, grand theft occurs when the value of stolen property exceeds $950. Since the estimated value in your case is around $7500, it would likely be classified as grand theft. This is a serious offense that can be charged as either a misdemeanor or a felony, depending on the circumstances and the defendant's criminal history.

Regarding the involvement of your soon-to-be-ex in the alleged theft, it is crucial to gather evidence to support your claims. Documentation, such as receipts or photographs of the missing items, and any evidence of her taking or possessing these items, will be important. If the property was taken from your home without permission while under contention in a divorce case, this could add complexity to the situation.

Given the contentious nature of your relationship and the ongoing legal disputes, it would be wise to handle this situation with caution and legal guidance. It is advisable to consult with a family law attorney familiar with property disputes during divorce proceedings, as well as a criminal attorney if you pursue charges for the alleged theft.

Your safety and well-being are paramount. If you feel threatened or unsafe, consider seeking a restraining order and take measures to protect yourself. In complex situations like these, where personal safety and significant legal matters intersect, having experienced legal counsel is essential.

Martha Bronson
Martha Bronson
Answered
  • Tracy, CA
  • Licensed in California

A: Grand larceny for property valued over $950. It would not be a robbery because robbery requires a taking of property of another through force.

If ownership of the property is not in dispute and you can prove your ownership, have you considered reporting it stolen and/or asked the authorities for assistance in getting it back? When you state "soon-to-be-ex" it suggests that there is an open divorce case. If so, then there are already automatic temporary restraining orders in place prohibiting either of you from selling, transferring or disposing of property. If she has the property posted online for sale, then you know where it is which opens an opportunity to obtain an order from the divorce court against the ex and the third party seller (you would have to join the third party seller to the case, which is a quick and easy to do) joinder in divorce cases in California are quick and easy to get) prohibiting the sale and compelling them to return the property to you.

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