Asked in Family Law and Domestic Violence for California

Q: is it illegal for parents to hold keep their 33 year old daughter locked up and never be allowed to leave home.

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Domestic Violence Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, it is illegal for parents to keep their adult children locked up against their will, regardless of their age. At 33 years old, the daughter is a fully legal adult with the right to make her own decisions about where to live and whether to leave home.

Holding someone against their will is considered false imprisonment, which is a crime under California Penal Code Section 236. False imprisonment involves the unlawful violation of the personal liberty of another person, and it can be charged as either a misdemeanor or a felony depending on the circumstances.

If the parents are using violence, threats, or coercion to keep their daughter from leaving, this could also potentially constitute other crimes such as kidnapping, battery, or criminal threats.

Adult Protective Services (APS) is the government agency responsible for investigating abuse of elderly and dependent adults in California. If someone is aware of an adult being held against their will, they should report it to local law enforcement and/or APS.

The only exceptions would be if the daughter has been placed under a conservatorship or guardianship by a court due to severe mental incapacity. But that would be a legal process, not something parents can unilaterally decide to do to their adult child.

In summary, keeping a 33-year-old daughter locked up at home and never allowing her to leave is illegal imprisonment and a serious crime in California. The daughter has the right to leave home and live independently if she chooses.

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