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Destruction of Property by Ex's Girlfriend

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  • 07-29-2008, 08:09 PM
    vgibson419
    Destruction of Property by Ex's Girlfriend
    My question involves criminal law for the state of: Kentucky


    So okay here's my story....Please help me I don't really know what charges I can actually press against her but something needs to be done!

    I have a daughter and I am no longer with her father, lets call him "Ted". He has a girlfriend lets call her "Jill" and they have been off and on for the last year or so. But Friday night Ted calls me and he and Jill got into an arguement and he left called me and asked if he could come over and sleep here, he had no where to go. So okay he does and he sleeps in bed with his daughter. Well my mother just came to pick up my daughter at 10am. My sister and her 3 kids come over and we are sitting outside my house and Jill pulls up behind his car gets out walks in my house goes into my daughters bed room and starts breaking things and beating the crap out of him then walks through my livingroom and starts breaking things runs out the door while I am on the phone with the police and gets in her car and backs up and rams the back of his car.

    Now with that said he is not pressing charges against her, probably because they will be back together soon but I want to press charges against her. what all could I file against her........I mean I want to do the works! She needs to learn a valuable lesson. I mean this isn't like all the other harrasing shit that she does, I get over that because I am a grown women and that's childish crap so this drew the line!

    PLEASE someone advise me so I don't look stupid going down to the attorneys office!!!:confused:
  • 07-30-2008, 07:10 AM
    cyjeff
    Re: What Can I Charge Her With?
    What did the police say?
  • 07-30-2008, 05:26 PM
    vgibson419
    Re: Destruction of Property by Ex's Girlfriend
    Not a lot to me just more to him, but I know that there has to be some thing I can do.
  • 07-30-2008, 05:29 PM
    cyjeff
    Re: Destruction of Property by Ex's Girlfriend
    Why didn't they arrest the ex?
  • 07-30-2008, 06:23 PM
    vgibson419
    Re: Destruction of Property by Ex's Girlfriend
    She left before they got here and then when they sent an officer to her house she wasn't home. After that I have no clue how they did get in contact with her but I know that she was not arrested.
  • 07-30-2008, 07:14 PM
    aardvarc
    Re: Destruction of Property by Ex's Girlfriend
    It's possible that police are pursuing charges against her (they'll likely have to file a capias to request a warrant since she wasn't on scene to be arrested at the time). Call them and ask the status of the investigation - if one isn't under way, request to officially file a police report. Technically, if she just stormed into your home without an invite, they could go for something like burglary or home invasion. Then, whether or not police or the DA pursue the case for an actual arrest and formal charges, you'll be able to use that police report as evidence and bring a civil case against her for the value of the property she destroyed.
  • 07-30-2008, 08:01 PM
    vgibson419
    Re: Destruction of Property by Ex's Girlfriend
    Okay becuase I went to police station and they did not make a formal report on it because stupid didn't want to press charges. So I don't think that burglary would stick because technically she didn't take anything. But the home invasion sounds good, I will have to google exactly what that consist of. A friend of mine was saying that I may be able to get criminal tresspassing and she said she wasn't sure but she thinks that's a class 6 felony????? Don't know the truth in it but...
  • 07-31-2008, 12:07 AM
    aardvarc
    Re: Destruction of Property by Ex's Girlfriend
    Burglary doesn't require the taking of anything. In KY statutes, it only requires unlawfully entering or remaining in a dwelling with the intent to commit a crime.

    See 511.030 Burglary in the Second Degree (a Class C felony)

    http://www.lrc.ky.gov/KRS/511-00/CHAPTER.HTM

    Even criminal trespass is a Class A misdemeanor - enough to cause her problems aplenty.
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