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False Imprisonment Law

False imprisonment is the act of holding a person against their will in a way that violates that person's right to be free from restraint of movement. Physical force isn't required to be defined as false imprisonment but is often present. The victim only needs to feel threatened or to feel forcefully restrained for the act to be qualified as false imprisonment. Take a look at the false imprisonment questions below that have been answered by Experts to learn more about this topic.

What can someone do if they feel they were a victim of false imprisonment?

It is possible that you have a Civil Rights claim against the department that arrested you. You have a claim for false arrest which is defined as: an unlawful taking, seizing or detaining of a person, either by touching or putting hands on him or her, or by any other act that indicates an intention to take him or her into custody and subjects the person arrested to the actual control and will of the person making the arrest.

Also, you have a possible claim for false imprisonment, which is defined as: the unlawful restraint of an individual’s personal liberty or freedom of movement. To constitute a false imprisonment, there must be an intentional and unlawful restraint, detention or confinement that deprives a person of his or her personal liberty or freedom of movement against his or her will. The restraint necessary to create liability for false imprisonment may be imposed either by actual physical force or by an express or implied threat of force.

The detention or confinement of an individual doesn't have to take place in a jail or prison. You stand a good chance of finding an attorney to handle your case on contingency. This means the attorney will be paid by the defendant (the person you sue) if you win your case.

I am facing false imprisonment and sex offender charges for catching two teenagers harassing people in my neighborhood. I put them in my car and took them to other neighbors to see if they had damaged anyone's home then took them home. What will happen?

This appears to be a serious Misdemeanor in IA, and carries a penalty of up to a year in jail for each charge. While you had a right to make a citizen's arrest, you shouldn't have made the kids get in your car and drive around. If you don't have a prior record, you probably won't receive any time in jail but may receive probation.

The prosecution attorney will decide whether or not to offer a deferred judgment. You can also try to get the sex offender registration lowered to a lesser charge in a plea deal. This means that you will plea to a charge that wouldn't require you to register as a sex offender. The prosecutor will either accept or deny a deal by your attorney. If the prosecutor is unwilling to negotiate a deal, your attorney will prepare you for a trial.

How long is the statute of limitations for false imprisonment in Georgia? After taking child support money, my ex husband had me brought up on contempt in 2009 and I was arrested in 2009 with him knowing he had the money. What can be done now?

The Statute of Limitations is 3 years in Georgia for false imprisonment. If you want to sue your ex-husband for something that happened in the first part of 2009, you have already exceeded the 3 year limitation. However, if this happened in the later part of the year, you still have time to file a lawsuit.

The 3 year Statute of Limitation only apply to the false imprisonment, not the child support or anything else. The time of the false imprisonment is what is going to matter in this situation. It doesn't appear that you will be able to use the Statute of Limitations but there is no reason why you couldn't ask the court to review it. It will be up to the court or a judge to determine if this would apply.

Dealing with false imprisonment can bring about many legal ramifications. Knowing the difference between false imprisonment and legal restrain is a must for someone who is faced with this type of situation. If you think you have been subjected to false imprisonment or just have questions concerning this topic, you should ask an Expert to assist you with your situation.

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Tina, Lawyer
Category: General
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Experience:  JD, BBA Over 25 years legal and business experience.
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