I have had my dog stolen by an ex partner on Saturday. A year ago, the ex partner has acknowledged in writing that I purchased the dog and offered to remunerate me the cost to claim, she is the owner which I declined. The Police are 'unsure' if this is a civil domestic matter passed on us being ex partners or a criminal matter under Theft act 1968. The Police also acknowledge, my ex partner had in letters over the last 2 months threatened to take the dog. The is a witness to the dog being snatched on Saturday, who identified my ex partner and her Mother as the individuals placing the dog in the back of a car and driving off. I need to know, what I can do to get the dog back, as I suffer from Mental illness and he is what keeps me calm.
Is there a means to get a possession order to get the dog back?
Thank you for your reply and information.
I would add that my ex partner was advised to do exactly what you have stated by the Police 2 weeks ago, as she has been making threats to get the dog for the last 2 months.
The Detective Constable who advised her to stay away from me and the dog is in shock as he did not expect her to take the actions of last Saturday and has stated to me, that based on her being warned to stay away and then, taking the actions which she has, it is a criminal offence under the Theft act 1968, as she planned the theft, stalked me and then, proceeded to get the dog and has refused to return him.
The Detective Inspector has called saying she need to clarify with another officer if it is theft or a civil situation before taking action and I have to wait another 7-10 days before I will know more. Is there anything I can actually do? Is there any legal ground which I have to tell the Police to get the dog?
Therefore, the DC speaking to her and advising her 2 weeks ago to stay away from me and the dog, as well as her threats are irrelevant?
Also if I were to do as she has done by snatching the dog, am I guilty of a crime?
Please bear in mind, the thief was warned of legal action if they were to come near me or the dog on 14th September 2014 and it appears by what you are stating, there is no legal action available to the Police for the theft on Saturday?
I appreciate what you are saying and understand it is not black and white.
I would add, the thief had a letter on 14/9/14 advising to stay away, I had thereafter 4 letters threatening to 'take the dog' and the Detective Constable stated, he felt a 'warning' instead of a Police injunction would be sufficient to keep her away and she agreed with the DC to follow the civil route.
Therefore by her ignoring everything stated above, there is no crime?
Jack (the dog) is not jointly owned as the ex partner also wrote a letter on 11th February 2014 stating she did not want to have ownership or seek legal action for any items in the property including the dog and now, has done what she has; so it is safe to say, she cannot retract from her letter without going to court and stealing Jack.
I agree there is a civil claim, what I am asking is as follows:
If she was advised by a legal adviser and the Police to take civil action in regards ***** ***** of the dog / make a civil claim and then takes criminal action by snatching the dog as she did:
1) Can she ignore Solicitor advice and Police warning?
2) Why can't I do as she did and snatch the dog?3) Should she not be told to return the dog and seek a civil solution?
* If it were a car, TV or other item, it would be returned and resolved in court, correct? Therefore, why as the victim of a crime, am I having to be seeking civil solution?
One final question (promise )
Over the course of the last year, my ex partner has made unfounded and proven to be false allegations including assault (Oct 2013), harassment (March 2014) and fraud (August 2014).
In writing to her and advising her to stay away from me, the dog and my property, I was protecting myself from further allegations and I subsequently received threats from her, hence why the Police warned her off.
Bearing in mind the above, what can I do to protect myself as she has shown she cannot be trusted and even with the Police warning her away, she ignores them? I have spoken to the Detective Inspector of the local Police who has taken this on board and working out if it is civil / domestic or criminal issue, though at the same time, I am fearing for my safety as her family are unpredictable and her father has anger management issues and firearms in his home.
Hence why in her taking the dog, I do not seek to confront them and also, feel powerless to obtain him back, which has caused me to suffer further mental health difficulties and be on a watch list, as I attempted suicide 4 years ago.
I have moved on in my life and had nothing to do with her at all since August 2013. The only thing is the dog and for a year, he hasn't been an issue at all. Then based on the allegations, I wrote to her advising to not make further communications with me and she needed to pursue the legal route in future regarding the dog.
Over the course of the last 2 months, I received 3 written threats and the Police decided not to issue an injunction against her and instead, warned her away. There seems to be nothing I can do in regards ***** ***** the dog, except the route 'she' was unwilling to take and even if I get an injunction, there is nothing binding anyone to it.
I am aware that Courts issue the injunction and apologies, the Police DC warned her and he felt he didn't want to issue a harassment warning as in his words, she stated she would go via a Solicitor and Court.
The Police have an incident report for each letter (4 in total) threatening to get the dog, they have acknowledged it is Theft under Theft act 1968 and the false allegations since August 2013, but seem unwilling to do anything except agree all the allegations are false and apologies to me.