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What Evidence is needed to prove a person is responsible for property damage in a civil court?
0
votes
The crime was done in Richmond Virginia. My ex and I didn't have closure in our break up and I have felt threaten by him in the past. My ex smashed both front and back windshields as well as denting my car plus other damages. This was done in front of my house while I was inside. I heard glass breaking and banging. I also heard him scream "take that (and then my name)". My roommate saw him walking away about 30-40 feet away from the car after this was done.
Today I went to criminal court and lost b.c the witness (my roommate) and me hearing his voice wasn't strong enough evidence. I was told since no one physically saw him do it that's why I lost (or the Commonwealth of virginia)
... so my question is... Do i have strong enough evidence to win a civil case? and to get back the $2,000 it took to repair my car.
windshield
repair
asked
6 months
ago
in
Windshield Repair
by
SonLabbe
(
37,660
points)
1 Answer
0
votes
Something is "fishy" as an "eyewitness" is rarely required to get a conviction like that. "I heard his voice, recognized his voice, and then saw him walking away." That, combined with motive and opportunity, should be more than enough circumstantial evidence to get a conviction.
You didn't "lose" in your criminal case; the prosecutor failed to persuade the "finder of fact" of each element "beyond a reasonable doubt" that your ex was, in fact, responsible for the crime.
In civil court you (as plaintiff) would only have to prove it "more likely than not" that he did it and that your damages amounted to $2,000.
If you're suing in civil court, be sure to add on ALL the damages, including actual, consequential, incidental, future, and so forth (mental distress, having to take a taxi until car is repaired, fearing for your life when he's around, etc), because you might be prevented from coming back for more later.
answered
6 months
ago
by
GlennaGrimley
(
39,000
points)
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