Caught wife stealing evidence out of my car---now what?

[Jetta#2]

What is the name of your state? NC

In the middle of compiling my case for a custody battle and my spouse met me to pick up one child at dance practice. Upon noticing that I had materials related to the case in the front seat---as I was going to make copies---as soon as I turn my back she jumps into my car and steals some of my evidence. Is this a criminal act or what can I do with this? I can't believe I openly caught her stealing it! I think I got everything back, but I'm not sure.

If the reverse happened and I went into the old house and took her evidence and she caught me---seems like I'd have the book of law thrown at me. Thoughts or ways to persue this.

 

[BelizeBreeze]

What is the name of your state? NC

In the middle of compiling my case for a custody battle and my spouse met me to pick up one child at dance practice. Upon noticing that I had materials related to the case in the front seat---as I was going to make copies---as soon as I turn my back she jumps into my car and steals some of my evidence. Is this a criminal act or what can I do with this? I can't believe I openly caught her stealing it! I think I got everything back, but I'm not sure.

If the reverse happened and I went into the old house and took her evidence and she caught me---seems like I'd have the book of law thrown at me. Thoughts or ways to persue this.

are you divorced, legally separated or married and awaiting a divorce and is her name on the title?

 

[CJane]

Wow, totally not legal advice, but I can see this scene playing out.

Her: OMG, you bleeeeeeep! I can't believe you have this stuff!
*she jumps into car and grabs handfuls of paperwork that OP has collected oh so diligently so he can make copies while his child is with him*

Him: Get out of my car bleeeeeeep! That's mine! Give it back!
*he begins grabbing at the papers that she's holding to her chest, chortling to herself*

Her: HA! You thought you had something to use against me, didn't you? Guess now you get to start all over! But Ohhhh the mounds of evidence I have against YOU!
*she dances backwards, laughing at him as he grabs at the papers*

Him: Give it back NOW! I'm gonna call the cops on you! *to his child* Give mommy a hug honey and get in the car.

Mom: *distracted by her hugging daughter* Bye honey, I'll see you soon.

Him: *notices mom's distraction and grabs papers from her* HA! Take that bleeeeep!

Curtains close on crying child and parents grinning like maniacs.

 

[Jetta#2]

reply to wife stealing after breaking into car

are you divorced, legally separated or married and awaiting a divorce and is her name on the title?

I believe the term is legally separated. I'd need to confirm the date of this occurance, but I believe it was on the 1 year anniversary of our separation.

The scene you discribed is very similiar to what occurred. Horrific in that our oldest was watching in her car as I tried to get the materials back from the thief.

Thoughts?

 

[stealth2]

Thoughts?

Yeah - both of you need to grow the hell up. There was NO need for you to have papers regarding your divorce in plain view of your child - which they must have been if your wife (she still is, btw) could see them through the window. You're both acting despicably.

 

[Jetta#2]

stealing from car

While that may be true from what little has been posted, I have chosen the high road, it was her affair and not mine that ended the marriage. Granted I made some mistakes (i.e. the info should've been in the trunk, but wasn't). The grow up factor is now really for the kids who are too young to understand what the documents say (only one can barely read), but may have no contact with me their Dad. It is their mother that ended the marriage, but that is for them to learn in the next decade when they are older--not now. All I want is joint custody, but the soon-to-be X is trying to cut me out all together and stealing evidence can probably help her cause. In a nutshell, they are my kids I stayed at home and help raise them while she chewed me up and spit me out long before our separation. Rose-tinted glasses came off shortly there after.

Suffice to say that this is all very sad and sevility is not her style. But I must fight for my kids.

The car is in my name. How does that effect things? Did she break the law?

 

[LdiJ]

While that may be true from what little has been posted, I have chosen the high road, it was her affair and not mine that ended the marriage. Granted I made some mistakes (i.e. the info should've been in the trunk, but wasn't). The grow up factor is now really for the kids who are too young to understand what the documents say (only one can barely read), but may have no contact with me their Dad. It is their mother that ended the marriage, but that is for them to learn in the next decade when they are older--not now. All I want is joint custody, but the soon-to-be X is trying to cut me out all together and stealing evidence can probably help her cause. In a nutshell, they are my kids I stayed at home and help raise them while she chewed me up and spit me out long before our separation. Rose-tinted glasses came off shortly there after.

Suffice to say that this is all very sad and sevility is not her style. But I must fight for my kids.

The car is in my name. How does that effect things? Did she break the law?

She can't break into her own property...lol. However, I honestly don't think that you have any basis for charges against her. You will eventually have to provide her copies of all of your evidence anyway. That is part of the rules of discovery.

 

[Jetta#2]

wife stealing stuff from car

Thanks for the quick reply. Funny thing about disclosure is that if someone takes the originals and destroys them, there ain't much to disclose. I believe I got everything back, but...I think she got away with something and then had the balls to charge me with assault for trying to get it back once she refused to give it back. Seems like dirty pool and i've been set up---more than once. Any other advice?

 

[CandiceH]

grow up, quit fighting around your children, dont carry papers in your car and take the high road. Divorce is not easy but it is the hardest on the children. REMEMBER that.

 

[BelizeBreeze]

File a police report and then get on with dumping the broad.

 

[LdiJ]

File a police report and then get on with dumping the broad.

Sounds like a police report has already been filed if he got charged with assault.

What a wonderful thing for your children to witness OP.... Were any of the documents technically mom's property? Keep that in mind. If she was going after documents that technically belonged to her it would definitely complicate things.

 

[Ohiogal]

OP I echo what the other posters have said. However you and your STBX really need to learn to love your kids more than you hate each other. I DO NOT CARE what the heck she did to you or you did to her. The fact is you have kids and they are innocent in all this and unless the TWO of YOU start acting like adults, those kids are going to be caught in a tug of war. And dont' even respond with "Its her fault because she cheated and blah blah blah." BOTH OF YOU need to grow up.
As for the assault, if you touched her without permission, and it made her fearful for her safety, it was assault. GOOD JOB to assault her in front of your kids. Good job for you both to put the kids in the middle. Gotta love it. GROW UP!
Kids don't ever need to knwo what mommy or daddy did and why the marriage died. IT IS OVER -- MOVE ON! What kids need to know is that BOTH mommy and daddy love them and will be there for them. Then the adults work to make that happen.
IN OTHER WORDS -- LOVE YOUR KIDS MORE THAN YOU HATE YOUR EX!