What to do if my ex-girlfriend is threatening to say that I hit her if I don’t return items that she gifted me?

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What to do if my ex-girlfriend is threatening to say that I hit her if I don’t return items that she gifted me?

Can I get arrested and/or can she do anything? She moved out a week ago and is threatening me because she wants back items that she has gifted me.

Asked on June 11, 2011 under Criminal Law, Idaho

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Get a lawyer, immediately, for two reasons:

1) If you girlfriend presses charges against you, you could be arrested. The issue will ultimately be what sort of evidence, if any, exists of what she's alleging, and also what, if any, contrary evidence you have; also, how credible you each are as a witness. But that said, if she goes ahead on her threat and is at all credible, you could have arrested, and should be prepared.

2) What your girlfriend is doing is extortion. It is illegal, and you may have grounds for a legal claim or action against her. You also want to take this seriously, because many blackmailers, if successful, will try again--so while you should consider seriously giving back the items, especially if their value is not worth the hassle, you also need to discuss with an attorney how to make sure your ex-girlfriend does not do this again, or does not get the items then report you to the police anyway.


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