Legal Question in Criminal Law in California

My boyfriend is 19 years old and lives with his parents. Their property is gated and the only way to leave in his vehicle with all of his personal belongings would be for the gate to be opened with the electronic gate opener. His parents refuse to give him a gate opener to take with him. He is required to ask one of them to open the gate when he wants to leave. There have been times where he has not been able to leave the house because they will not open the gate for him and will not allow him to have a gate opener. They have threatened on occasion to kick him out of the house if he jumps the gate, which would require leaving his vehicle and most of his belongings, anyway. He lives in a remote area with no public transportation and it would take him hours to walk anywhere. He is fully competent mentally and physically. Is this considered false imprisonment, coercion, or the like? And if so, what are the legal penalties.


Asked on 5/02/11, 12:35 am

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

It's false imprisonment but, more to the point, one can buy a universal programmable remote garage door opener at any hardware store. Many people keep the code set to 0000000. There are also openers that can 'listen' to the existing opener and 'learn' the signal. You could also run this question by a police officer in the next town. Maybe the police would assist him in removing his belongings. Or he could apply, possibly with the help of a lawyer, for a court order or even sue them for damages. Talk to a lawyer in your locality.

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Answered on 5/02/11, 4:20 am


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