questions & answers

Question: I was in an argument with my boyfriend and he called the police. In the process, I was angry and cut two clothes which I gave him as gift in the past.The original price of those two items are 200 dollar in total, but it was worn for more than 2 years. Before I damage those two clothes, I have obtained consent from my boyfriend of returning those two clothes to me . However, I was still arrested and charged with criminal damage. If my boyfriend has agreed to return the clothes to me, is that still his property? I mentioned this to the police officer but he said he still need to arrest me.

Answer: To be considered a gift you need 3 things; 1. your intent to give item as gift, 2. physically giving the gift to the other party, and 3. the acceptance of the gift. Typically, if it meets those 3 criteria you would not be entitled to get the property back.

Second, based on the information you provided (romantic relationship for at least 2 years), you would satisfy Arizona Revised Statute 13-3601.A6, which defines the accepted relationships for domestic violence purposes. 13-3601.A6 states - relationship between the victim and defendant is currently or was previously a romantic or sexual relationship. That leads to the final factor...

Third, when two people meet the relationship test defined above, and certain crimes are committed, here being criminal damage, and officer have probable cause to feel the defendant committed the crime, an arrest is required to be made by law enforcement.


I would highly recommend you speak with a family law attorney regarding your situation and they can better help you find a suitable outcome.

Here are some definitions:

13-1602. Criminal damage; classification

A. A person commits criminal damage by:

1. Recklessly defacing or damaging property of another person.
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 13-3601. Domestic violence; definition; classification; sentencing option; arrest and procedure for violation; weapon seizure

 6. The relationship between the victim and the defendant is currently or was previously a romantic or sexual relationship. The following factors may be considered in determining whether the relationship between the victim and the defendant is currently or was previously a romantic or sexual relationship:

(a) The type of relationship.

(b) The length of the relationship.

(c) The frequency of the interaction between the victim and the defendant.

(d) If the relationship has terminated, the length of time since the termination.
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