False imprisonment
False imprisonment is the unlawful detention or restraint of another's freedom of movement, for any length of time, without justification or consent. There are four principle elements in a false imprisonment claim:
- The confinement must be without the victim's consent. Confinement can occur in a number of ways, including using a physical barrier (locking someone in a room or tying him up) or by threats of force (threatening to kill or by holding someone at gunpoint).
- There must be an intent to confine the victim.
- The victim must be aware of the confinement or be harmed in some manner by it.
- The victim must not be aware of any reasonable means of escape.
Example: If you intentionally trap someone in the basement of your home and lock all the doors, you have falsely imprisoned him or her. However, if there is a window that is within reach and wide enough for him or her to fit through, he or she is not falsely imprisoned because the window is a reasonable means of escape.
<< back
|
The above is not legal advice. That can only come from a qualified attorney
who is familiar with all the facts and circumstances of a particular, specific
case and the relevant law. See Terms
of Use.
The law firm of Harold D. Carr is not responsible for information contained in any links to other websites from this site.
Links are provided for educational information only and may not apply to your specific circumstance.
It is possible for information on other links to be inaccurate or misleading. You are cautioned to exercise extreme care when using any resource link.
For specific legal advice regarding your specific case contact the law firm of Harold D. Carr at 1 800 700 8082.
|
