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Roommate used "spousal abuse" law to try to get me evicted

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robmarkg

Junior Member
California

I recently rented an extra room in my apartment to a guy who said his name was Roberto Stanley (it was a fake name). After he had lived here for two months, he had a girlfriend who was a crack cocaine addict move into his room. Because of this and other issues I asked him to move and gave him 30 days notice. I had signed a simple written agreement with him but he then claimed that all we had was a "verbal agreement" and under California law he could stay as long as he wanted. This caused several confrontations which he just ignored then he decided to try to get me evicted and made repeated calls to my landlord encouraging then to evict me so he could take over the apartment. This caused more confrontation but he finally said he would be moving on a Friday afternoon.

I wanted to be here when he moved so waited all day and when he finally came home he announced in a loud voice "Hi honey, I'm home" - then he came into my bedroom and shoved me and said "hey, what's going on here". I pushed back on his hands only then he screamed, "Jesus Christ- he's attacking me- call 911, call 911" and ran out of the apartment with his cell phone in hand. I knew immediately it was staged and said so in a loud voice.

The Police came and asked if I had any sexual relationship with Roberto and I said "absolutely not" (I am a heterosexual). The Police then said "well he's saying you do and refused to listen to my adament denials that I had never had sex with a male in my life- and that this had been a completely staged set-up. My roommate had smeared dirt and blood on his face (probably he pricked his finger to do this) but the Police also refused to believe that I had never touched his face when he attacked me.

After an "investigation" of less than three minutes, I was arrested and charged with "Felony Sposal Abuse" and bail was set at $25,000. Since he had timed this on Friday I would have been in jail until the following Thursday so my Sister paid the $2,500 bail amount (her finances are very tight, as are mine- so this was very damaging).

The Police have tried to close the case saying "there wasn't enough evidence to convice me" but they don't seem to mind at all that they participated in this criminal act. I have subsequently requested an internal Police investigation and offered to take a polygraph test and was interviewed while being recorded. While they at first offered a "very thorough" investigation, they are now saying they just want to determine if the "based on the information he had at the time" did anything inappropriate. My roommate has refused to cooperate with the investigation.

When I was in jail, my roommate stole the rental agreement that was on my desk that proved my agreement was with me and not the owners (he has since moved out). The Police refused to take a report on this but said I could "sue him in small claims court". Even this small amount of justice seems impossible as all the internal investigation files are under lock and key. My roommate had recorded the entire event (which accounts for the strange things he was saying at the time) and I believe has falseified these recordings (now in Police custody). I am having a very difficult time keeping the criminal investigation open and internal investigations will not share any information with the criminal investigation.

This guy is a criminal- he has done something similar to other roommates but the Police don't care. Does anyone have any advice on how to proceed? I really can't afford an attorney right now but small claims seems to small for what he did- plus I apparently have to go back to court again to get this off my record. Any advice, thoughts or help would be greatly appreciated.

Rob G.
 


LdiJ

Senior Member
Did you actually suffer any monetary loss? Did you actually spend more than a few hours in jail? Is there any risk that you are going to be convicted of a crime?

If the answer is no to the above....then perhaps it would be wiser to simply drop the matter and learn that you need to be more thorough in checking out potential roommates.

However, if you did suffer any monetary loss, then small claims court would be appropriate.
 

CdwJava

Senior Member
robmarkg said:
The Police have tried to close the case saying "there wasn't enough evidence to convice me"
I think you meant to write that they did not think they had enough evidence to "convict" you.

but they don't seem to mind at all that they participated in this criminal act.
No, they did not participate in a criminal act ... they made an arrest based on probable cause and pursuant to CA state law. Your roomie may have committed a criminal act by making it all up, but good luck tryoing to prove it.

I have subsequently requested an internal Police investigation and offered to take a polygraph test and was interviewed while being recorded.
An internal investigation for what? What law are you alleging the officers violated? What department policy are you alleging they violated?

And a polygraph is not admissable in court, so if they give you one it will be only to help determine if they wish to go forward with the allegation of the assault.

While they at first offered a "very thorough" investigation, they are now saying they just want to determine if the "based on the information he had at the time" did anything inappropriate.
That is the standard.

My roommate has refused to cooperate with the investigation.
Seems like the criminal and the internal investigation will both go by the wayside then. Lucky for you, it would not appear that you will have to defend yourself in court.

When I was in jail, my roommate stole the rental agreement that was on my desk that proved my agreement was with me and not the owners (he has since moved out). The Police refused to take a report on this but said I could "sue him in small claims court".
The value of the paper was ... what? A couple cents?

Besides, YOU say there was a written agreement ... if the roommate denied it ever existed there is no easy way to prove that he committed a theft consisting of a couple pennies' worth of paper. Also, it is possible that there WAS no legal contract unless you are permitted to sublet the apartment anyway.

Even this small amount of justice seems impossible as all the internal investigation files are under lock and key.
A personnel investigation is confidential pursuant to CA state law. And, that investigation involves allegations against the officers and NOT you. Therefore you don't have a need nor a right to that information.

My roommate had recorded the entire event (which accounts for the strange things he was saying at the time) and I believe has falseified these recordings (now in Police custody).
Recorded? How? Video? Audio?

And if they are "in police custody", you can always sue the roommate for having you arrested and seek the tapes via subpoena. However, if HE taped them, what do you think it will show? It will show him yelling that you assauled him. How will the tapes exhonerate you?

I am having a very difficult time keeping the criminal investigation open and internal investigations will not share any information with the criminal investigation.
That's the way the law works.

Besides, the criminal side of it is relatively simple - either there is sufficient evidence to charge you with battery (domestic or otherwise) or there is not. If there is insufficient evidence to show that you committed battery, then the question could turn to ask if there is sufficient evidence to show that the roommate made the whole thing up. My guess is that there is no way to prove for certain what did or did not happen. Therefore, I do not see anyoen being prosecuted for this unless someone's story suddenly collapses spectacularly.

This guy is a criminal- he has done something similar to other roommates but the Police don't care.
More likely, they can't prove it.

Do not mistake a lack of an arrest or beating someone with batons as not caring. We can only act upon that which we can prove. If two parties give conflicting statements, then we have to rely on other evidence IF it is present. Lacking anything definitive, these things can become a wash.

Very often we might KNOW or suspect what really happened, but unless we can prove it we cannot act on it.

Does anyone have any advice on how to proceed? I really can't afford an attorney right now but small claims seems to small for what he did- plus I apparently have to go back to court again to get this off my record. Any advice, thoughts or help would be greatly appreciated.
You can sue him in small claims court for the bail amount that you are out ... maybe for any lost wages as well.

You can hire an attorney on contingency (not likely, in this case) and have him go after the guy.

Or, you can screen your roommates a little more carefully and have them sign a REAL and enforceable lease agreement in the future.

- Carl
 

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