My son and his girlfriend broke up and they were sharing an apartment. She moves out and returns 2 days later to retrieve her belongings. She entered the apartment and the two got in an argument and she smashed the tv with a hammer. My son calls the police. The police removed my son and told him it would be in his best interest if he let them get her stuff. he agrees and waits outside at which time the police leave the scene and instruct him not to enter the apartment. once the police left her family and friends start harassing him so he calls his mother and we go over there. While the police were gone, her and her family whipped him out clean!! didn't even leave a spoon, took everything and then let her dog crap on his floor and then threw his clothes in it. I called the police back because this just isnt right and they proceed to tell me that it is a civil matter and not a criminal matter and they even refused to right up a report.
So I know he can file a small claims case against here, but what about the police allowing them to destroy his property and doing absolutely nothing about it?
Is it true that destruction of property during an arguement is domestic abuse?
Can the cops be held personally for the damage since the left the scene and allowed this to occur?
They did come back a second time and still did nothing about the damage.

When people live together, and property is involved, it becomes a civil matter because police are needed elsewhere and aren't about to spend DAYS trying to sort out who owns what or who paid what portion of what. Even in civil court, the judge isn't going to go through each and every item. BIG items like a big screen tv, or furniture, yes. CDs? Dishes? Silverware? Unless it's sterling silver and worth thousands, no. That type of division of property is reserved for people who create the legal contract of marriage and thus have access to the legal process of divorce, where the court splits up both assets and liabilities (ie credit cards, etc.).

If they live together, police don't have to try to determine whose stuff is whose. A police officer is NOT a judge. That's the down side of living with someone. Police correctly referred them to civil court where either side can prove to the court who owned what, and who now owes for whatever property was damaged, and the court will make that determination based on whatever evidence can be shown to prove ownership.

Simple destruction, no. Destruction that occurs in the presence of a person who is placed in fear of injury to themselves (like throwing dishes at someone during an arguement), can be, dependent on the circumstances, and if police didn't arrest for it at the time, the court isn't going to second guess it after the fact.

Nope. Not only do the police enjoy qualified immunity, they do not bear the legal burden of determining WHOSE property was being destroyed when two people live together. People have the legal right to destroy their own stuff, and the burden isn't on police to determine ownership of private property in a shared residence. That'll be up to the local civil court.

Because it's not their place to determine ownership. Police act on CRIMES. Destruction of one's own property isn't a crime. Determining property in a relationship isn't the burden of police. That's a judge's job.

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I agree with aardvarc on this one. Have you browsed through the information in LawInfo's Free Legal Resource Center to learn more about your issue yet? See: http://www.lawinfo.com/consumer.html and http://resources.lawinfo.com/en/index.html. You can certainly try to speak to a lawyer to determine what legal options may be available. In the meantime, you may be able to learn more on your own. Search the "Free Legal Resources" tab, or browse the Consumer Resources. Good luck.

You asked for sensible advice so my advice is to have your son pursuit civil action, if he has an itemization of the main property damaged and /or taken, any reciepts for any items, and any witnesses that can attest to the ownership of his property, and also photographs of the damage would assist. It's likley the only option reasonably feasable to be effective or create an outcome that could be favorable. It is not domestice abuse to break objects per say.