How can I recover my journals taken by my ex sister-in-law?

Full question:

I am recently divorced and found out while I was still living with my husband, before the divorce that my ex sister-in-law has taken from my bedroom my private journals (diaries). She has read the journals and posted some negative comments on Facebook referring to me and what she had read. How can I get my journals back? (Florida)

• Category: Civil Actions
• Subcategory: Defamation
• Date: 04/07/2025
• State: Florida

Answer:

Theft is defined as unlawfully taking someone else's property without their consent, intending to permanently deprive the owner of it. In Florida, theft occurs when a person knowingly obtains or uses another's property with the intent to deprive them of it (Fla. Stat. § 812.014). If your journals are valued between one hundred and two hundred ninety-nine dollars, the offender could face a first-degree misdemeanor charge, which carries a maximum penalty of one year in jail and a one thousand dollar fine. If they have prior theft convictions, it could escalate to a third-degree felony, with penalties of up to five years in prison and a five thousand dollar fine. For property valued under one hundred dollars, it becomes a second-degree misdemeanor, with a maximum sentence of sixty days in jail and a five hundred dollar fine.

Regarding the negative comments made about you on Facebook, this may fall under defamation if the statements are false and made with negligence or intent. Defamation can harm your reputation and is covered under state law, but it is also protected by the First Amendment. In Florida, the statute of limitations for defamation claims is two years, starting from the date of the first publication.

To recover your journals, you may want to consider contacting law enforcement to report the theft. Additionally, you could consult with a lawyer to discuss your options for both recovering your property and addressing any defamation issues.