Can an estranged spouse rob the other and get away with it?

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Can an estranged spouse rob the other and get away with it?

My brother and his wife are not legally separated in FL, but have resided in two different homes for over two years. Last week she broke into his house and stole a bunch of stuff.She admitted to the police that she used a locksmith to break in. She lied to the police and said she had been residing with him from May to August of 2008 so the officer did not arrest her. The electric bill at my brother’s home was in her name for the majority of the time he has lived there, but she has never spent a single night in the house. When they separated and moved away from each other he moved their electric to his house and left her name on it for no particular reason. Going to the state attorney. Do you think they will accept our case?

Asked on May 12, 2009 under Criminal Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Let's face it, prosecutors love putting bad guys away but don't enjoy getting into the middle of complex intra-family squabbles.

In order to interest a prosecutor I suggest it would be important to reduce the bitterness, stick to the facts, and make it clear that this was a crime regardless of the familial circumstances.

 


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