QUESTION

Can my boyfriend's grandmother press charges and what kind of prove would she need?

Asked on Jul 27th, 2013 on Litigation - North Carolina
More details to this question:
My boyfriend and I were staying with his gram, to help take care of her. Since we both lived with different family members and didn't pay anything. When we would stay there we slept in a room in the attic, after awhile we started staying there more often. So we paid her $300 a month, not only to help her out but to pay for any expenses we used (not including food). She recently got sick, and her daughter came down to take care of her. Her daughter started causing a bunch of problems with us, so I told her I was done helping out and took my stuff and left. My boyfriend was going to still help out, she told him to not come back and packed the stuff he had there. She kept all of his personal belongings and every time we tried getting them, she would make a different excuse to why we couldn't get them. I talked to an officer, who told me to talk to her in person or on the phone. When I called her husband answered and started cussing me out and said he was going to rape me, then kill me, my boyfriend, and our dog (my sister was there when it happened). The room we slept in had all kinds of damages to the wall, floor, dressers, bed, and couch. Every time her daughter would come up she would ask me about the damages and I told her time after time that I didn't know what happened. I found the damages whenever I was moving furniture and I told her that and she couldn't care less. Then when I left and she told my boyfriend to not come back. She said she was pressing charges against us. Even though we didn't live there or cause any damages. Can she press charges and what kind of prove would she need. She said she has pictures of the damages, but I was told by an officer that it doesn't prove anything unless there is pictures of the room before we started staying there. I'm going to fight it, because I'm not paying a fine for something I had nothing to do with. So when and if we go to court, what should I bring, if anything at all?
Report Abuse

6 ANSWERS

You have asked whether or not your boyfriend's grandmother could press charges for damage to a room and, if so, what kind of proof she would need to prevail. You have also asked what you would need to contest the charges. First, she could proceed both civilly and criminally. In order to prevail on charges in criminal court, she would need to show the room was in good repair before you moved in and was damaged when you vacated. Your defense would probably be that the room was damaged when you began staying there or that your boyfriend damaged the room and you did not. It is best if you have photographs or the testimony of witnesses to support your position in this regard. If she were to prevail, a court might order restitution as part of a sentence – that is, the court might order you to pay for reasonable repairs. A criminal case has a higher standard of proof than a civil case. Much will depend on your boyfriend’s testimony about the situation. In order to prevail on charges in civil court, she would also need to show the room was in good repair before you moved in and was damaged when you vacated. Your defenses would be the same as above and your best defense would be to have photographs or the testimony of witnesses to support your position in this regard. If she were to prevail, a jury could award her a certain amount of money to pay for reasonable repairs. Again, the outcome may depend on your boyfriend’s testimony about the situation. In communications with the grandmother’s family, make certain you have witnesses present at all times. If the communications from some of these people are as you describe them, they may constitute a crime. If you have witnesses, you should inform your local law enforcement agency and file a complaint. This answer is made available with the understanding that I am not engaged in providing professional legal advice and this does not establish an attorney-client relationship with the questioner. This answer is general and not specific: Precise details of the facts in your matter may have a significant impact on the outcome of your particular matter. Before relying on material on the site users should obtain appropriate professional legal advice as to your particular situation. My comments may include opinions, recommendations or other content from third parties that do not necessarily reflect this author's views. Links to other Web sites are included for the user's convenience and do not constitute this author's endorsement of the material on those sites, or any associated product or service. The listing of a person or company in any part of this site in no way implies any form of endorsement by this author of products or services provided by that person or company. The user is advised to consult an attorney legal advice as to your particular situation. A user may wish to consult his or her own lawyer or another lawyer instead of me. A user may obtain information about other lawyers by consulting the Yellow Pages or by calling the South Carolina Bar Lawyer Referral Service in Columbia, South Carolina. If a user has already engaged a lawyer in connection with the legal matter referred to in a communication, the user should direct any questions to that lawyer. The exact nature of a user's legal situation will depend on many facts not known to me. The advice and information in this communication is general and that the user's situation will vary.
Answered on Mar 19th, 2017 at 5:52 AM

Report Abuse
Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
Update Your Profile
I assume she means press charges for vandalism. She would have to prove that you did it. From the description you set forth, it is doubtful she would have such proof.
Answered on Jul 30th, 2013 at 9:27 AM

Report Abuse
All she can do is complain to the police department and it is the local distrait attorney who will decide if any charges are to be pressed if the police recommend it. It sounds like a civil matter and that the police will not do anything against you. Write her a demand letter that at a certain time she has to allow you to get the things back. It sounds as though you were renters and not lawfully evicted.
Answered on Jul 29th, 2013 at 11:13 PM

Report Abuse
Family Law Attorney serving Lincoln, NE
Partner at GordenLaw, LLC
4 Awards
First, report the husband for terroristic threats and get a protection order. If you have any proof photos, etc. Of how things looked when you stayed, bring that. If you remember how any damage occurred be prepared to testify. Talk to a lawyer about potential outcomes.
Answered on Jul 29th, 2013 at 11:12 PM

Report Abuse
Thomas Edward Gates
The grandmother could press charges if she wishes. However, she would need evidence to backup her claim. As the police officer stated, unless they have a before shot, it would be difficult to support that you caused the damage. Because of your grandmother's illness, everyone is on edge, so lay low for a while. This means do not talk to them and escalate the matter.
Answered on Jul 29th, 2013 at 11:11 PM

Report Abuse
Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
Update Your Profile
You bring proof of the condition of the property. You have here moistly a loud mouth. Why don't you try forgetting it and stay away from the loudmouth types.
Answered on Jul 29th, 2013 at 11:09 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters