Legal Question in Civil Litigation in Louisiana
Now What? Guy Vandalizes Girlfriends Stuff. No Proof
A friend of mine had been dating a guy for about 4 months, when out of the blue, she returned home to find it completely vandalized. Nothing had happened recently between the two of them (i.e; a big fight) to suggest to her that he had done it, but upon closer observation, she noticed that nothing of his had been moved or damaged.
She of course called the cops immediately after getting home (He was there when she arrived) to report a break in, and of course after she figured out that her boyfriend (who broke up w/her that same day) had done it, the police obviously can't arrest him for damages since there is no proof, and he has a key to the house, but can't two and two be put together.
The guy has been writing hateful emails, and she has been nothing but distraught throughout the whole time, and has remained polite in each of her responses to him. All of her stuff is basically destroyed, she has a laptop that has been completely smashed. Is there legally nothing that can be done? Isn't there any possible way that he could be held responsible for the damages?
Some more info that might help:
He is 37 years old, and she is 22.
When she got there, he had stuff packed, and was sweating.
Nothing of his was damaged.
1 Answer from Attorneys
Re: Now What? Guy Vandalizes Girlfriends Stuff. No Proof
Because in a criminal case the prosecution must prove guilt beyond a reasonable doubt, when I was an A.D.A. I would have rejected your friend's case.
I don't know the value of the property but she could sue him for the damages. There is a lower burden of proof (preponderance of the evidence) and if the damages are low enough it can be in "small claims" court.
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