"Domestic" 6 months after splitting up means no police?
Discussion
I was a bit shocked to hear from a friend last night that her ex happily waltzed into her house, took her computer and has started emailing her bits of her MSN conversations to others back to her....and the police won't do anything about it as it's "domestic" 
There are a few salient facts though that might or might not influence how the police are allowed (or not) to intervene - I'd appreciate it if someone could clarify whether it's just the local officers not being interested or their hands actually ARE tied.
They went out for 3 1/2 years, 2 years or so of which were spent living together in a house owned (but not lived in) by her mother.
Over the six months since they split, she has asked for the key back numerous times but never received it - however, she hadn't got around to changing the locks. So no break-in, he just let himself in.
The PC itself belongs to her. However, at some point in the relationship, he gave her the hard drive which is still in there. Presumably this is his basis for believing he can take it.
He also took some gardening tools from the shed which were given to my friend by her dad when her and her ex were doing up the garden of this house. My friend subsequently gave them to her mum.
He's clearly a massive wanker but I'd like to know if my friend can pursue this legally - she's tried and failed to take it higher at her local station.
Thanks in advance for any insight anyone can give.
There are a few salient facts though that might or might not influence how the police are allowed (or not) to intervene - I'd appreciate it if someone could clarify whether it's just the local officers not being interested or their hands actually ARE tied.
They went out for 3 1/2 years, 2 years or so of which were spent living together in a house owned (but not lived in) by her mother.
Over the six months since they split, she has asked for the key back numerous times but never received it - however, she hadn't got around to changing the locks. So no break-in, he just let himself in.
The PC itself belongs to her. However, at some point in the relationship, he gave her the hard drive which is still in there. Presumably this is his basis for believing he can take it.
He also took some gardening tools from the shed which were given to my friend by her dad when her and her ex were doing up the garden of this house. My friend subsequently gave them to her mum.
He's clearly a massive wanker but I'd like to know if my friend can pursue this legally - she's tried and failed to take it higher at her local station.
Thanks in advance for any insight anyone can give.
Edited by Famous Graham on Tuesday 24th April 10:39
You friend would probably be best off changing her locks, email address and telephone numbers and make it clear to her ex that no contact was wanted. If her ex is still making unwanted contact then police could look at harassment.
It's very difficult proving ownership of property after the breakdown of a relationship which is proabably why the BiB are unable to assist.
It's very difficult proving ownership of property after the breakdown of a relationship which is proabably why the BiB are unable to assist.
Famous Graham said:
Bing o said:
no offense meant to the OP, but this is a civil matter - I would rather the Police were out trying to catch criminals.
Well to my mind, it's trespass and theft. Which were crimes last time I checked
If she cant be bothered to have the locks changed after 6 months despite knowing he still ahs a key, she would seem to have brought the whole situation on herself?
Bing o said:
Famous Graham said:
Well to my mind, it's trespass and theft. Which were crimes last time I checked
He still has a key, and she failed to change the locks.
Theft? He gave her the hard drive?
What about the motherboard? The memory? The processor? Not forgetting the tools from the shed.
I'm also not sure that simply having a key to somewhere after neglecting to give it back gives you the automatic right of entry.
This is exactly what I'm trying to determine - whether anything illegal has occurred or not.
freedman said:
Famous Graham said:
Bing o said:
no offense meant to the OP, but this is a civil matter - I would rather the Police were out trying to catch criminals.
Well to my mind, it's trespass and theft. Which were crimes last time I checked
If she cant be bothered to have the locks changed after 6 months despite knowing he still ahs a key, she would seem to have brought the whole situation on herself?
Hindsight's great isn't it.
What's done is done and I'm just trying to determine the possible courses of action - obviously lock-change is already being sorted.
As for "bringing it on herself"...don't be ridiculous.
Famous Graham said:
Bing o said:
no offense meant to the OP, but this is a civil matter - I would rather the Police were out trying to catch criminals.
Well to my mind, it's trespass and theft. Which were crimes last time I checked
It is trespass! That is a civil matter
It is not theft because there has to be an element of dishonesty and this situation does not meet that. He will state he has a lawful right to the property because some of it is his i.e. the hard drive. This is now civil.
Domestic disputes are logged as crime related incidents. They are not investigated as crimes. If he has assaulted her in any way that will constitute a common assault (Sect 39 offences against the persons act) then the police will intervene and arrests will be made.
Arrests and prosecutions in domestic assaults are included in a police performance indicator driven by the Home Office.
NCC1701 said:
Technically theft and possibly burglary if the ex did not have permission to enter the house but proving it would be very diffcult. The key would proably count as implied permission to enter the house and the relationship muddies the property ownership issue.
It is neither theft nor burglary. It does not fit the definition regarding dishonesty. No theft, then no burglary as there has to be a theft or an intent to steal, or an attempt theft to complete the offence.
hedders said:
Interesting! I still have keys for the company i used to work at, does this mean i can let myself in and rob the place without fear of legal retribution?? 
No!
You would be entering as a trespasser and removing goods that did not belong to you.
If you have left property there from when you were an employee, you would not be a burglar if you went to retrieve that. Better to do it when the 9-5 receptionist is there though rather than at 0200 hours
(unless of course you can encourage her to visit at 0200 hours for 'whatever' purposes 
.mg6b said:
Famous Graham said:
Bing o said:
no offense meant to the OP, but this is a civil matter - I would rather the Police were out trying to catch criminals.
Well to my mind, it's trespass and theft. Which were crimes last time I checked
It is trespass! That is a civil matter
It is not theft because there has to be an element of dishonesty and this situation does not meet that. He will state he has a lawful right to the property because some of it is his i.e. the hard drive. This is now civil.
Domestic disputes are logged as crime related incidents. They are not investigated as crimes. If he has assaulted her in any way that will constitute a common assault (Sect 39 offences against the persons act) then the police will intervene and arrests will be made.
Arrests and prosecutions in domestic assaults are included in a police performance indicator driven by the Home Office.
Ah ok, I didn't realise trespass was civil in itself. Thanks for the other clarifications too
The o/p mentions the ex taking tools from the shed that were given to his friend by her father.
I know it would be impossible to prove but there is dishonesty there as the tools were given to the o/p's friend and hence her property. If they were married then I could see that it would be different.
I know that this is only a technicality and of no real use to the o/p but interesting all the same.
I know it would be impossible to prove but there is dishonesty there as the tools were given to the o/p's friend and hence her property. If they were married then I could see that it would be different.
I know that this is only a technicality and of no real use to the o/p but interesting all the same.
freedman said:
Famous Graham said:
[quote=freedman][quote=Famous Graham][quote=Bing o]
As for "bringing it on herself"...don't be ridiculous.
As for "bringing it on herself"...don't be ridiculous.
Had she changed the locks it wouldnt have happened, ergo she has some reponsibility for the incident.
No, I don't buy that.
Have you changed your locks after every relationship? (this breakup was amicable 6 months ago, it's only lately he's gone a bit...odd).
Has your employer changed locks after every job?
NCC1701 said:
The o/p mentions the ex taking tools from the shed that were given to his friend by her father.
I know it would be impossible to prove but there is dishonesty there as the tools were given to the o/p's friend and hence her property. If they were married then I could see that it would be different.
I know that this is only a technicality and of no real use to the o/p but interesting all the same.
I know it would be impossible to prove but there is dishonesty there as the tools were given to the o/p's friend and hence her property. If they were married then I could see that it would be different.
I know that this is only a technicality and of no real use to the o/p but interesting all the same.
In this case, there would be an offence of burglary. 'Enters a building or part of a building as a trespasser and then steals'! You would have to prove he was a trespasser, i.e. that she had withdrawn her permission for him to come to the property.
If she can prove the tools are hers and not his, then you may be onto a winner.
Famous Graham said:
freedman said:
Famous Graham said:
[quote=freedman][quote=Famous Graham][quote=Bing o]
As for "bringing it on herself"...don't be ridiculous.
As for "bringing it on herself"...don't be ridiculous.
Had she changed the locks it wouldnt have happened, ergo she has some reponsibility for the incident.
No, I don't buy that.
Have you changed your locks after every relationship? (this breakup was amicable 6 months ago, it's only lately he's gone a bit...odd).
Has your employer changed locks after every job?
No ide or interest what my previous employers have done.
Keys have either been handed back immediately or locks changed in my 'failed' relationships.
You say it was amicable, if so why did he not return the keys?
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