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I want to know if my husband can take away my cell phnone by…

Customer Question
I want to know...

I want to know if my husband can take away my cell phnone by force. so I cannot get help or call anyone for any assistq

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Idahoi

Lawyer's Assistant: Has anything been filed or reported?

No.. but if he gets mad I have no phone is that legal to stand

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes to take away my phone so I can not leave or get help if I need it

Submitted: 8 months ago.Category: Legal
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Answered in 5 minutes by:
9/28/2017
Lawyer: Ray, Lawyer replied 8 months ago
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 47,669
Experience: 30 years in civil, probate, real estate, elder law
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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Lawyer: Ray, Lawyer replied 8 months ago

You can file a police report if this is your phone.It is theft if he took your phone and will not return it.He can be charged here by police with theft.

Under Idaho law, a person commits theft when, with intent to deprive another person of property (or to wrongfully appropriate property), he or she wrongfully takes, obtains or withholds that property from its owner. (Idaho Code § 18-2403.)

A theft offense in Idaho can include the following specific actions:

  • using deception to exert control over another person’s property
  • embezzling money
  • using extortion to obtain another person’s property (including by instilling fear of physical injury or property damage, or by threat to otherwise injury or harm)
  • receiving or retaining stolen property
  • acquiring lost or mistakenly delivered property (and not taking appropriate action afterward)
  • obtaining property by fraud or misrepresentation, and
  • stealing labor or services.

Idaho has two major categories of theft: petit theft, which is a misdemeanor, and grand theft, which may be a misdemeanor or felony. Whether a theft constitutes petit theft or grand theft depends on the dollar value of the items taken -- and sometimes the type of property involved. Let’s take a closer look at these two theft categories under Idaho law.

Petit Theft Under Idaho Law. Petit theft, which is commonly known as petty theft, applies to most thefts of property valued at $1,000 or less. Some notable exceptions include property like livestock, firearms, checks, and credit/debt cards. These items fall within the grand theft statute, a more serious criminal charge, even if valued at less than $1,000. (Idaho Code § 18-2407(2).)

This is petit theft here , you should make complaint to the police.You may want to consider divorce here as well he is clearing not acting in your best interests.Call the police and make a theft report.Sorry you are dealing with this.

I appreciate the chance to help you tonight.If you can positive rate 5 stars it is much appreciated.

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Lawyer: Ray, Lawyer replied 8 months ago

Any property that has been acquired during the course of the marriage is community property. That means both you and your husband have an equal right to that property. A cell phone acquired during the course of the marriage would be considered community property, even if the plan is under his name. Therefore, you have just as much right to use that phone as he does.

You may want to consider a divorce or at least getting your own cell phone service to protect yourself.

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Lawyer: Ray, Lawyer replied 8 months ago

Idaho State Bar Lawyer Referral Service  

3.45 Google reviews

Attorney referral service in Boise, Idaho

Address: 525 W Jefferson St, Boise, ID 83702

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