Legal Question in Family Law in California
will not return vehicle and is making threats
My friend and her then boyfriend had
a verbal arrangement. He would pay
the car note, and she would put the
car in her name, as well as pay the
insurance. Since then they have
broken up and he refuses to give her
the car unless she pay 1000.00. He
then states that if she calls the
police, or if she try's to take the car,
he will wreck it. She has him on her
voicemail saying this as well as text
messages. He has also threatened
her with bodily harm (this too is
recorded). I have suggested that she
request an emergency restraining
order, and request that the police be
present when she goes to try and
retrieve her car. But when she called
the police they said that they would
not assist in retrieving the vehicle.
They also stated that since he has a
key to her apartment then that is his
legal residence. He only has a fish
tank and a television there and he
does not receive any mail or phone
calls at her address nor is he on the
lease. The police told her that this
does not matter, even tho he has his
own residence. I don't what direction
to advice point her in. All she wants
is her car back, and a restraining
order. They do have a baby together.
1 Answer from Attorneys
Re: will not return vehicle and is making threats
The police officer is incorrect so ignore that.
First, change the locks to the apartment. He's not on the lease, he's not living there, they are not married, there is nothing ex-boyfriend can do about it. Second, file for a restraining and include in the restraining order request a request for return of the vehicle.