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Can My Father Report Car Stolen?

Discussion in 'Other Family Law Matters' started by Anon1984, Feb 5, 2022.

  1. Anon1984

    Anon1984 Law Topic Starter New Member

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    I am a legal adult and am planning to escape from an abusive father. The plan involves taking one of the family cars. The car is registered in my father's name, but if my mother gives me permission to take the car, could he legally report the car stolen?
     
  2. adjusterjack

    adjusterjack Super Moderator

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    Yes, he could, but it's unlikely that the police would do anything as long as your mother admits to giving you permission.

    If you are going to do it. I strongly suggest you get a notarized affidavit from your mother that she gives you permission to use the car. I said "use" not "take."

    On the other hand, if your mother is also a victim of his abuse, she might not want to stand up to him.

    And, since you're an adult, why do you describe it as an "escape"? All you need is a job, another place to live, and a bicycle (so the car doesn't become an issue) to be independent.
     
    Red Kayak likes this.
  3. Anon1984

    Anon1984 Law Topic Starter New Member

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    What is the difference between use and take in this context?
    I need a car to move all my stuff out to my new place without getting caught and also to commute to my job. It's important to not get caught so that it won't turn into a violent situation.
     
  4. army judge

    army judge Super Moderator

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    You will NOT be able to avoid detection.

    The moment you STEAL, not simply TAKE the vehicle, your crime will be reported and you'll eventually be discovered and arrested.

    Theft = The generic term for all crimes in which a person intentionally and fraudulently takes the personal property of another without permission or consent and with the intent to convert it to the taker's use (including potential sale or conversion thereof).

    In many states, if the value of the property taken is low (for example, less than $500) the crime is "petty theft," but it is "grand theft" for larger amounts, designated misdemeanor, or felony, respectively. Theft is synonymous with "larceny." Although robbery (taking by force), burglary (taken by entering unlawfully), and embezzlement (stealing from an employer) are all commonly thought of as theft, they are distinguished by the means and methods used, and are separately designated as those types of crimes in criminal charges and statutory punishments.
     
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  5. Anon1984

    Anon1984 Law Topic Starter New Member

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    No, I don't mean avoid detection of me taking the car. I mean avoid detection of me moving out, as the situation could become violent if he finds out I intend to move out. He will obviously know I'm using the car, but the question is whether my mother authorizing me to keep the car at my new place and continue using it is sufficient to prevent it from becoming theft.
     
  6. mightymoose

    mightymoose Moderator

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    You will be best off to not take the vehicle.
    Rent a uhaul top nice tier belongings.
    Use public transportation, ride a bike, or use any other common means to get around on your own.
    Taking the vehicle will only cause problems for you.
     
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  7. adjusterjack

    adjusterjack Super Moderator

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    "Use" means you have overt permission given by somebody who has the authority to give you that permission. "Take" is more negative and implies that you wrongly appropriated the vehicle.

    Are you not concerned that the violence might be directed against your mother?

    That, alone, should make you avoid this plan.

    Maybe. Doesn't matter. He'll get the car back one way or the other.
     
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  8. Disabled Vet

    Disabled Vet Well-Known Member

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    Even if the mother gives you permission. Once the "Owner" reports it stolen the police will take it. The mother can't give you permission to use the car unless her name is on the title. If you are grown up enough to move, then you should be able to provide for yourself without the help from your father.
     
  9. Zigner

    Zigner Well-Known Member

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    If you can't utilize the car, would you still move?
     
  10. Red Kayak

    Red Kayak Well-Known Member

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    There's a difference between "using" and "keeping",

    How about you "use" the car to move only, and return it when the move is complete?

    Do you have any police reports regarding his behavior?

    If not, you have no proof that he is prone to "violence". Rent the UHaul and move. If he gets what you consider to be "violent", then call 911. You might then have the basis for a restraining order.

    You do not get to "keep" someone's car without their permission.

    Will getting to work be inconvenient? Maybe. But staying safe and maintaining a clean record should be more important.
     
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  11. leslie82

    leslie82 Well-Known Member

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    Yes he could report the car stolen but they probably won't process it as stolen. I don't know if California has an unauthorized use of a vehicle statute. Anyone can report a car stolen - even if they gave someone permission to borrow it. If they don't bring it back, that's not using it. It's taking it.

    I recommend finding a different plan to get out that doesn't implicate your mother at all especially if she's not ready or able to leave so she won't take the brunt of his abuse.
     
  12. Zigner

    Zigner Well-Known Member

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    The OP hasn't logged back on since last Friday.

    I'd love to know if the OP would still plan on moving if s/he can't use the car.
     
  13. commentator

    commentator Member

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    Based on the signature, if this person is really 37 years old, there are a lot more problems going on here than it might appear. Dollars to donuts, mom isn't going to give permission either.
     

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