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Do I have enough to charge this person with vandalism?

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abrooks07

Junior Member
Virginia --

My boyfriend's ex-girlfriend with whom they have a child together was in my boyfriends room and destroyed all of my clothes that I had over there? Over $500 worth. He called her and she admited to him that she did it. I did not hear the conversation but I do have text messages from him stating that she did it and how she got into his apartment. Now she's saying she won't pay for the clothes and he's saying that he won't help me get a warrant. So out of anger, while my friends were around I called her myself and she admitted to me that she did it. I did have her on speakerphone and recorded the call with my friends blackberry (which won't help b/c I didn't tell her the call was being recorded) but with my friend as a witness and the text messages from my boyfriend is that enough to get a warrant? Once I get a warrant, I can supeona my boyfriend as a witness so that's no problem. Ugh. I really want her to get in trouble and take responsibility for her actions.
 


Antigone*

Senior Member
Virginia --

My boyfriend's ex-girlfriend with whom they have a child together was in my boyfriends room and destroyed all of my clothes that I had over there? Over $500 worth. He called her and she admited to him that she did it. I did not hear the conversation but I do have text messages from him stating that she did it and how she got into his apartment. Now she's saying she won't pay for the clothes and he's saying that he won't help me get a warrant. So out of anger, while my friends were around I called her myself and she admitted to me that she did it. I did have her on speakerphone and recorded the call with my friends blackberry (which won't help b/c I didn't tell her the call was being recorded) but with my friend as a witness and the text messages from my boyfriend is that enough to get a warrant? Once I get a warrant, I can supeona my boyfriend as a witness so that's no problem. Ugh. I really want her to get in trouble and take responsibility for her actions.
YOU won't get a warrant, and YOU won't subpoena anyone. Go to the police station and file a report.
 

CdwJava

Senior Member
You can report this to the police and also go before a magistrate and ask to swear out a warrant. The magistrate may not issue a warrant based upon your affidavit, but that is solely within his or her discretion.

The police can take your report, interview your boyfriend and the suspect and then decide if there is enough to forward to the prosecutor. And even if no criminal charges are brought, you can always take her to small claims court for the damages.

And, if your boyfriend does not want to back you in this you should ask yourself, "Why not?" Does he have something to hide? Or, perhaps he still has a thing for her and wants to keep that door open if things with you don't work out. Perhaps it is time to reevaluate the relationship.
 

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