Legal Question in Criminal Law in Massachusetts

My girlfriend (now ex girlfriend) starting seeing a guy she met at her gym behind my back. Everyone knew but me. At some point she decided she was through with me, and wanted her new boyfriend to move in to the apartment that we were sharing (I was paying the rent.)

I paid the rent on the 1st of the month, on the third of the month she asked if my check had cleared. I told her it had. Right after asking, she picked up the phone, dialled 911, and said I had "pushed" her. The police came, I was arrested, charged with assault, and she had a 209A filed against me. Her new boyfriend moved in within hours of my being removed from the apartment (by his own admission). I found out later she had a history of pulling this stunt. The charges and the 209A against me were dropped.

HERE IS MY QUESTION: To me it seems that she and her new boyfriend conspired to move in together the day my 1000 dollar rent check cleared. They had it all planned out to remove me using the police, and a restraining order to keep me silent. I was robbed of the 1000 dollars I paid for rent, no one has offered to return that money. Can I bring some type of criminal charges against them for conspiring to steal from me??? Is conspiring to steal 1000 dollars in rent money the same as stealing the 1000 dollars itself??


Asked on 10/17/10, 6:37 am

2 Answers from Attorneys

ERNEST BIANDO LAW OFFICE OF ERNEST T. BIANDO, LLC

You could speak to the police about it or bring you own charge-or you could sue them civily but the question is will you be able to collect?

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Answered on 10/22/10, 6:44 am
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

You can file an application for a criminal complaint or a small claims action. You should get an attorney and defend yourself against the RO.

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Answered on 10/24/10, 12:21 pm


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