Not sure if this is the correct forum. I believe this is a criminal as well as a civil matter...
My ex and I were divorced about 7 years ago. She had two dogs prior to the marriage (Jesse and Jake). When we divorced she left them behind, as well as a few others we rescued, and I have a settlement agreement that gives me full ownership of everything in my house as of that date.
The dogs are not specifically mentioned, but she did leave them in my custody and in the following years, moved out of the state and back four times, and never made any claim for custody for the dogs. She is highly unstable and moves more times in one year than a normal person moves in a lifetime.
I have been taking care of the dogs by myself ever since then, and have the vet bills, etc. to prove it. I have never stopped my ex from coming over to see them when the mood struck her, in fact I was upset with her that she didn't spend more time with them because they do love her.
Up until a few weeks ago I worked at home and was always here to care for the dogs. Recently I began a new job which requires me to work in the office, so I'm not home during the day anymore. My ex agreed to come over for a couple of hours during the day and hang out with the dogs. She's on disability and doesn't work, so I gave her some money each week to pay for gas and have a little pocket money.
All was fine until last Wed. We had a disagreement about something and when I came home I found my front door unlocked, the key was left behind and Jake was gone. There was a nasty letter telling me that she took Jake and that he wouldn't be coming back and I would never see either of them again.
I went over to her place and tried to talk with her, but she refused to cooperate. Her husband was there and said to give it a few days and maybe she'll cool down. He couldn't talk any sense into her either but he agreed she was wrong for doing what she did.
I gave it until Sat, and went over again. She wasn't there but I spoke to her husband again and he was very sympathetic but said she will not listen to reason. I left a letter saying I would go to the police if Jake wasn't returned.
Today I finally went to the police and filed a report. In my mind, this is theft because she took something from my house that she was not given permission to take. The officer who took the report said he would try to call her but that he was unwilling to send a car over to her apt or charge her with anything, despite the fact that I have a picture from her showing her with the dog.
Am I wrong in thinking this was an act of theft? I understand that the issue of custody is a civil matter and if this has to be worked out in court, so be it. But you just can't go into someone's house and remove something without permission, can you?
I have a key to her place, so I could go over there when she's out and get Jake back, but that doesn't seem to be the morally, let alone legally correct thing to do.
Jake is 12 and although he seems in good health, our other Boxer was around this age and one day he got sick and 6 months later he was gone. At this age, every day is precious. I am, and always have been perfectly willing to share custody of Jake with my ex but she will not communicate with me.
So what's my recourse here? Seems to me that the police don't want to do their job. Don't they have an obligation to investigate a criminal offense, or isn't taking something from someone's house without permission a criminal offense? Should I try to escalate it to someone higher? The officer said I won't even have a police report for 5 days.
As to regaining custody, is this a matter for small claims court or do I need to hire an attorney? Is there some way to expedite this and ask for a court order ordering my ex to return Jake? I"m concerned that my ex might do something stupid (she is unstable).
Thanks in advance to anyone who can offer some guidance.
My ex and I were divorced about 7 years ago. She had two dogs prior to the marriage (Jesse and Jake). When we divorced she left them behind, as well as a few others we rescued, and I have a settlement agreement that gives me full ownership of everything in my house as of that date.
The dogs are not specifically mentioned, but she did leave them in my custody and in the following years, moved out of the state and back four times, and never made any claim for custody for the dogs. She is highly unstable and moves more times in one year than a normal person moves in a lifetime.
I have been taking care of the dogs by myself ever since then, and have the vet bills, etc. to prove it. I have never stopped my ex from coming over to see them when the mood struck her, in fact I was upset with her that she didn't spend more time with them because they do love her.
Up until a few weeks ago I worked at home and was always here to care for the dogs. Recently I began a new job which requires me to work in the office, so I'm not home during the day anymore. My ex agreed to come over for a couple of hours during the day and hang out with the dogs. She's on disability and doesn't work, so I gave her some money each week to pay for gas and have a little pocket money.
All was fine until last Wed. We had a disagreement about something and when I came home I found my front door unlocked, the key was left behind and Jake was gone. There was a nasty letter telling me that she took Jake and that he wouldn't be coming back and I would never see either of them again.
I went over to her place and tried to talk with her, but she refused to cooperate. Her husband was there and said to give it a few days and maybe she'll cool down. He couldn't talk any sense into her either but he agreed she was wrong for doing what she did.
I gave it until Sat, and went over again. She wasn't there but I spoke to her husband again and he was very sympathetic but said she will not listen to reason. I left a letter saying I would go to the police if Jake wasn't returned.
Today I finally went to the police and filed a report. In my mind, this is theft because she took something from my house that she was not given permission to take. The officer who took the report said he would try to call her but that he was unwilling to send a car over to her apt or charge her with anything, despite the fact that I have a picture from her showing her with the dog.
Am I wrong in thinking this was an act of theft? I understand that the issue of custody is a civil matter and if this has to be worked out in court, so be it. But you just can't go into someone's house and remove something without permission, can you?
I have a key to her place, so I could go over there when she's out and get Jake back, but that doesn't seem to be the morally, let alone legally correct thing to do.
Jake is 12 and although he seems in good health, our other Boxer was around this age and one day he got sick and 6 months later he was gone. At this age, every day is precious. I am, and always have been perfectly willing to share custody of Jake with my ex but she will not communicate with me.
So what's my recourse here? Seems to me that the police don't want to do their job. Don't they have an obligation to investigate a criminal offense, or isn't taking something from someone's house without permission a criminal offense? Should I try to escalate it to someone higher? The officer said I won't even have a police report for 5 days.
As to regaining custody, is this a matter for small claims court or do I need to hire an attorney? Is there some way to expedite this and ask for a court order ordering my ex to return Jake? I"m concerned that my ex might do something stupid (she is unstable).
Thanks in advance to anyone who can offer some guidance.
