questions & answers

Question: My ex stole my dog. I adopted her while we were dating, her adoption paperwork is in my name ONLY. We have since broken up, and he took her without my permission and will not return her. One cop said it's theft of personal property, but suggested trying to deal with it directly with my ex first, then follow up if she wasn't returned. I followed up and the next cop I talked to said it's not theft of personal property because I adopted her while in the relationship with my ex, and the adoption paper doesn't matter even if my ex and I were never married so it's not a criminal issue. Is this true?

Answer: If a person is not married, and they acquired a dog separately in their own name, then a person who take the dog has committed the offense of theft under A.R.S. 13-1802 (relevant portion pasted below). It is just the same as if you had purchased a refrigerator while you were dating. Your only recourse on the criminal side is to keep asking the police until they take action. Otherwise, you would be left to seek a remedy in small claims court through your local justice court. 13-1802. Theft; classification; definitions A. A person commits theft if, without lawful authority, the person knowingly: 1. Controls property of another with the intent to deprive the other person of such property; or...