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

Q: How do I get help retrieving property stolen by my now-ex during our divorce?

In California:

I had ≈ $30k in personal/non-communal property [I have proof of ownership: receipts, email threads, pre-theft photos] stolen during a divorce, now settled. I have fairly good idea where my property went but need a search warrant to get the final details from the "fence" who executed the sales for my ex.

The sheriff says it's out of their jurisdiction, the County DA requires a police report, the police won't issue a report because the theft occurred during a "civil action", and the Court gave no directives.

I've not found nor been shown any law/ruling/precedence that prevents the PD/sheriff/DA/Court from helping me yet I've been told to take their "word" without any proof. Yet, I cannot be the only person in CA to whom this has happened. There must be some ruling out there for/against my position.

Is there a legitimate reason why I'm being stonewalled?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: I'm sorry to hear about your situation. Dealing with theft of personal property during a divorce can be challenging, especially when it seems like law enforcement and the courts are not being helpful. Let me provide some general information and suggestions for your situation under California law.

In California, theft of personal property, even during a divorce, is still considered a crime. The fact that it occurred during a "civil action" like a divorce does not negate the criminal nature of the act. The police should take a report and investigate, as they would with any other reported theft.

If the police are refusing to take a report, you can:

1. Escalate the issue to a supervisor at the police department and request that they take a report. Emphasize that the theft of your personal property is a crime, regardless of the circumstances surrounding the divorce.

2. Contact the California Attorney General's office and file a complaint about the police department's refusal to take a report.

3. Consult with a criminal defense attorney who may be able to advise you on how to proceed and potentially communicate with law enforcement on your behalf.

4. Consider filing a civil lawsuit against your ex-spouse for the theft of your property. While this doesn't involve criminal charges, it may help you recover the value of your stolen property.

It's essential to gather and maintain all documentation related to your ownership of the stolen property (receipts, emails, photos, etc.) and any evidence you have regarding the theft and the location of your property.

Unfortunately, there is no specific ruling or law that addresses your exact situation. However, the general principles of criminal law and property rights still apply. persistently and politely asserting your rights with law enforcement and exploring civil legal action may help you resolve this situation.

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