Legal Question in Criminal Law in New Jersey

Re: Can she file theft charges?

Your ex girlfriend/wife would be able to try and bring theft charges agsinst you if she can convince the police to do so. The police would have to sign off on any complaint for theft, even if she tried to bring it as a citizen's complaint. Regarding your holding on to possessions of hers, the baskets, you should retrurn them to her or else she can have further claims of theft of her possessions. You similarly can try and bring theft charges against her for your grandfather's ring. You can also bring a complaint against her with the court for interference with a court ordered visitation schedule if in fact you and she went to court orignally and got a court ordered visitiation arrangement set up. If you would like to discuss this further you can contact me at 908-272-0111. Thank you. Sincerely yours, Ronald Aronds, Esq.

www.njworkerscompensationlaw.com

Re: Can she file theft charges?

If you wish to enforce visitation rights, the appropriate way to do this is by filing a legal action with the court seeking visitation.

You stated that you "tossed out" some of her physical possessions due to her denial of visitation. She is liable for the legal consequences, if any, of denying you visitation. However, you are liable for the legal consequences, if any, of destroying or tossing out her possessions.

Your question clearly indicates that the only reason you threw away or destroyed some of your ex's possessions was because you were angered by the denial of visitation. Your "reason" is not legally valid.

Currently, you are holding 20 collectable baskets which you admit belong to your ex, and which she has asked you to return. You claim that the only reason you are not giving the baskets back is because you say your girlfriend stole your grandfather's ring.

Once again, the fact that you accuse her of stealing your grandfather's ring does not give you the right to keep property which you freely acknowledge belongs to your ex. In some cases, you might have a "lien" on property, but nothing in your question indicates you have a lien on the baskets in exchange for your claim about the ring.

Therefore, you should return the baskets to your ex. Obviously, you should get a signed receipt and perhaps have a neutral witness so that there will be no question in the future that the baskets were returned.

If your ex does not then return your grandfather's ring, and you really think she "stole" it, then you might want to either file a criminal complaint with the police, or perhaps a civil lawsuit for replevin (i.e. return of the ring).

On the other hand, small items can be easily lost, and do you really have any way of proving that your ex "stole" the ring? Do you have any way of proving its value?

Evidently, you have two children with your ex. You will have to interact with her for the benefit of the children for a number of years, whether you like that idea or not. You need to find a way to engage in cooperative communication with your ex, rather than conflict, if only for the benefit of your children.

It sounds like both you and your ex have a lot of "growing up" to do.

I strongly recommend that you consult with an attorney immediately so that you can explore your legal rights, obligations, and options. If you wish to discuss retaining my services, contact me at:

[email protected]

(973)-605-8995

(*Licensed in New Jersey, Maryland, and Dist. of Columbia)

[Disclaimer: The above comments are not intended as nor should they be relied upon as "legal advice", which can only be obtained by personal consultation with a retained attorney; at which time the specific facts and circumstances of your case can be thoroughly evaluated. This reply is provided for general informational and educational purposes only, and does not create an attorney-client relationship with the responding attorney.]