Sunday, February 7, 2010

Question about False Imprisonment....please answer if you KNOW!!!?

Hi. My friend is in a situation where she started going to a church and her husband doesn't want her to go because he thinks she is going to find another man there. So, lately, it's happened that she's in the bathroom of her bedroom, getting ready to go to Church, and when she comes out of the bathroom, he is standing by the door of the bedroom (that leads to the hallway) and he blocks the door and says ';You're not going anywhere';. And she will ask him to please move so she can leave and he says ';No, and if you try to move me, I could beat you up..how's that?'; So, this back-and-forth thing will go on for 15 minutes until she finally says ';ok, I won't go to Church';. So, finally he gets out of the doorway, but anywhere she goes in the house he's behind her and is constantly standing by the front or back door to ensure that she doesn't try to ';run out';.





But, last week she finally got sick of it and she broke free and went to church (hooray), and he got mad and insulted her pretty bad when she got home.





My question is this: When he tries to impede her from leaving the room in the manner that I described above, is this ';False Imprisonment';?Question about False Imprisonment....please answer if you KNOW!!!?
You say the family is Mexican but where is this happening?





In the U.K. this would certainly be false imprisonment, as I've heard of other cases where someone has been forced to stay somewhere against their will.





In the U.S., Federal Laws are similar to U.K. laws, so I think it would be the same. The threat of force adds to the likelihood that it would be the same. But threatening to beat her up is definitely a crime in both nations. And her husband is interfering with her religion, which can probably result in a charge under Federal Law.





I could look up stuff on wikipedia, but anyone can edit that. I've just seen an article on there claiming Wiccans wear skirts as robes. I've been a Wiccan for years, I think I'd know if that was true (it isn't).





I could also keep looking all over the internet. But in short, people on Yahoo Answers are not lawyers, nor the police.





The best way for your friend to find out for certain would be for you or her to report her husband to the police. If they arrest him, what he's doing is probably illegal. If not, then it probably isn't. But they should at least arrest him for threatening behaviour.





But anyway, just found this:


'False imprisonment involves the total physical confinement of a person against their will for a significant period of time (however short). The use of physical contact or force is not necessary for a situation to be considered false imprisonment. Any threat or use of authority, which confines another person against their will without the authority to do so, is considered false imprisonment. False imprisonment must confine a person to physical or intangible boundaries, such as a room, their current physical space, or even a larger area like a city or state. To be considered false imprisonment, a person must lack a reasonable means to safely escape the confinement.' - from an American criminal law and DUI website.





SO YES, IT SEEMS IT IS FALSE IMPRISONMENT UNDER U.S. LAW, AND IS THEREFORE ILLEGAL.





But if you want answer related to Mexican Law, please contact me or post your answer under in the Mexican version of Yahoo Answers (if there is one).Question about False Imprisonment....please answer if you KNOW!!!?
Yes it is false imprisonment. It doesn't matter if they are married, if you use force or the threat of force to prevent a person for moving about freely then it is false imprisonment. If he takes her somewhere it is kidnapping. If he so much as touches her it is assault as well. She needs to get the police involved, her husband is a nutjob.
No. **** no. It's just an overbearing husband and I doubt that this situation is really like you described.
Possibly, either way she needs to divorce the guy, go to a shelter for women.
In California law, yes. According to California Penal Code Section 236, ';False imprisonment is the unlawful violation of the personal liberty of another.'; However, the husband may also be charged with California Penal Code 422, Terrorist Threat ';Any person who willfully threatens to commit a crime which will result in death or great bodily injury to another person, with the specific intent that the statement, made verbally, in writing, or by means of an electronic communication device, is to be taken as a threat, even if there is no intent of actually carrying it out, which, on its face and under the circumstances in which it is made, is so unequivocal, unconditional, immediate, and specific as to convey to the person threatened, a gravity of purpose and an immediate prospect of execution of the threat, and thereby causes that person reasonably to be in sustained fear for his or her own safety or for his or her immediate family's safety, shall be punished by imprisonment in the county jail not to exceed one year, or by imprisonment in the state prison.'; If the husband touches her it's domestic violence under 273.5 or 243, depending on the level of violence. These laws are common and exist in every state in one form or another.

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