Legal Question in Civil Litigation in California

A jaded ex-lover has texted me with threats and accusations of theft. He claims I stole a knife that has a great deal of sentimental value to him and says that if I do not return it, he will file a police report. Since I never even saw the knife in question, and definitely did not steal it, I cannot "give it back" to him. I am concerned what could happen if he indeed does file a police report saying I stole it. I don't even know when he lost it or what evidence he would present other than that he had it before I met him and was in his apartment, and then he couldn't find it the next time he looked for it. How would I go about PROVING that I did not take it? How can I prevent him from filing a police report? I did not take his knife. I have saved all his texts threatening me and my friends and roommates with arson, violence, death, etc., as well as those claiming that he loves me. I have blocked his number from continuing to text me but am worried that might instigate him to action. He has already said he WILL NOT STOP. What should I do?


Asked on 8/12/12, 7:13 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

You may already have grounds to get a restraining order against this man. If you get such an order, he will have to stop contacting you. If he does so anyway, he will be subject to arrest for violating the order. That won't prevent him from making a police report, but it may make him think twice about it. More importantly, it may be enough to get him to leave you alone.

Bear in mind that if he does sue you, he will have to prove that you took the knife. You won't have to prove that you didn't, though you will want to testify that you had nothing to do with it. He may try to get the prosecutor to bring criminal charges against you, but that seems very unlikely to happen since there is little evidence tying you to the knife's disappearance.

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Answered on 8/13/12, 12:00 pm


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