Legal Question in Criminal Law in Pennsylvania

Cop says no charges can be filed...

Fri night my g-friend refused to let her ex take a trophy of their sons home. He tried to get their son to go get it and she still said no which upset the ex. At that point she began to shut the front door, he began to force the door open (he had foot in door threshold) my g-friend yelled for her niece to call 911 and ex's spouse told him let's go. He let go of the door and punched a hole into the siding beside the door, screamed at her through the door then left. I spoke to the police officer and he told me that the ex committed no criminal acts. I find this VERY hard to believe, I feel that harassment, and some type of attempted criminal tresspass should have been filed am I right? I feel something should be done!


Asked on 12/18/07, 9:20 pm

3 Answers from Attorneys

Brian Zeiger Levin & Zeiger LLP

Re: Cop says no charges can be filed...

The owner or renter of the property can go to the local judge and file a private criminal complaint. The only criminal act is criminal mischief for the whole in the door, and maybe disorderly conduct or harassment. There is no other criminal act. No assault because no one got hit or hurt. No trespass because when he went to the property he was allowed to go, it wasn't until after he was there that there was an issue. No terroristic threats because he didn't threaten anyone.

Why not talk to the kid with all parties in the room and tell the kid to put the trophy where ever he or she wants to put the trophy and that no one will ever get mad and he or she for choosing because everyone loves the kid. Don't make the kid feel bad. Kids hate it when mom and dad need to call the cops. Mom and dad sound like the children here. If i was the judge and I heard this, I would yell at both parents and order them to go to parenting classes or else I would hold them in contempt.

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Answered on 12/18/07, 9:52 pm
Daniel Cevallos Cevallos & Wong, LLP

Re: Cop says no charges can be filed...

You have some options. We can file a private criminal complaint for you against this individual.

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Answered on 12/19/07, 9:16 am
John Gibson John W. Gibson, Esquire

Re: Cop says no charges can be filed...

The only charge that I think may be supportable is criminal mischief and it is probably not in the best interests of anyone to pursue a private criminal complaint in this matter unless there is a history of violence.

This sounds like a situation that is ongoing probably with Family Court and custody. If anything, it is better to file a civil action with the local Magisterial District Judge for the costs of repairing the siding.

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Answered on 12/19/07, 10:20 am


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