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Unlawful Restraint Related Questions

Unlawful restraint is usually considered to be a misdemeanor. It is defined as one person restraining another without their consent. Usually unlawful restraint is not one of the most serious criminal issues, but it can be when the reason behind an unlawful restraint involves sexual advances on the victim or other types of physical harm. Unlawful restraint can cause many individuals complex questions, these individual may not know where to turn to find reliable answers. These answers can be found given by the Experts.

If a couple is arguing and one blocks the other from walking away, could they be charged with unlawful restraint?

Depending on the situation, the person that was blocking their significant other could be charged with unlawful restraint. The person could also be charged with criminal assault.

How would one remove a charge of unlawful restraint from their record?

The process of removing this kind of charge from one’s record can vary by what state that person is in. Usually that person would have to apply for a pardon from the governor of that certain state. Once a pardon is granted, the person would then need to file for an expungement in the local court that the person was convicted in. Once the person files for it, the court will then decide whether or not the expungement will be granted. If the court grants the person expungement, then the charge will be removed from that person’s record.

If a recreational dealership owner is denied by another dealer, even though he is legally licensed, could it be considered unlawful restraint on trade?

This particular situation does show a lot of discrimination, but it would not be considered unlawful restraint on trade. The reason it would not be considered this is because unlawful restraint on trade or commerce really regards to the creation of monopolies in a particular market place. It does not include the prevention of just one party trying to legally make a living from a particular business.

If a person was arrested for unlawful restraint and wishes to have the charge removed from their record, how long would they have to wait to be able to have the charge expunged?

The number of years one has to wait may vary by state. However, it is usually around the length of five years before one can apply for expungement. An attorney can be used for an expungement. However, an attorney is not usually needed if one can apply on their own and feel comfortable about doing so. When one chooses to apply for an expungement on their own, they would need to petition to the court that originally convicted the person with unlawful restraint.

If one is arrested for unlawful restraint and tells the police their story but the police say that something completely different happens, what can one do to provide themselves with the justice they deserve?

When it comes to situations like these, what one can do usually depends on the particular situation that they are personally in. One should try to provide some sort of evidence to support that the story they originally told the police is the true one. If evidence can be found and provided, then it is possible to consider suing the police for conducting a negligent investigation. However, before one even considers suing the local law enforcement, they would have to prevail in their original criminal case in which they have been charged. If one does prevail in the criminal case, they would need to make sure that all the evidence backing their story is relevant and provides the truth before attempting to sue the police. In this situation it may be advisable to hire an attorney of some sort to help with this type of endeavor.

There can be many different types of unlawful restraint that people may encounter in their lives. There are always many questions about technicalities with these as well. Whether one needs to know how long they have to wait to expunge the charge from their record, or they just need to know what could be considered unlawful restraint, the answers are out there to be found. When questions about unlawful restraint come up, or any other questions come to mind, it’s always a good idea to consult with the Experts.

Ask a Criminal Lawyer

Ely
Ely, Counselor at Law
Category: General
Satisfied Customers: 2457
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
Type Your Criminal Law Question Here...
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Fran L.
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Recent Unlawful Restraint Questions

  • MULTIPLE CHOICE What is the unlawful touching of an intimate

    MULTIPLE CHOICE

    What is the unlawful touching of an intimate part of another person against that person's will and for the purpose of sexual arousal?


    Aggravated battery

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    Which of the following is NOT one of the 5 types of computer crimes?


    Computer trespass

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    What is the unlawful restraint of another person's liberty?


    Kidnapping

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    Burglary

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    __________ is the taking of personal property by threat of future harm.


    Kidnapping

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    Bob attacks Ray without provocation and hits him repeatedly. Ray defends himself by striking Bob and breaking his jaw. Ray has harmed Bob, but Ray will not be held criminally liable for what he did. Which defense does this scenario describe?


    Justification

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    Which of the following terms refers to a complex of signs and symptoms presenting a clinical picture of a disease or disorder?


    Defense

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    Which type of defense is one in which the defendant must take the offense and respond to the charges against him or her with his or her own assertions being based on legal arguments?


    Alter ego

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    Bob kidnaps Ray and his wife at gunpoint. Bob drives them to a bank and tells Ray to go into the bank and rob it or he will kill Ray's wife. Ray robs the bank. What defense will Ray use to a charge of bank robbery?


    Duress

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    Evidence and arguments offered by the defendant to show why the defendant should not be held liable for a criminal charge are called __________.


    necessities

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    Which of the following is equivalent to the verdict of guilty but mentally ill?


    Not guilty by reason of insanity

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    __________ are a category of legal defenses in which a defendant claims that some personal condition or circumstance at the time of the act was such that he or she should not be held accountable under the criminal law.


    Excuses

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    The court will find a defendant ________ if as a result of a mental illness, defect, or disability a defendant is unable to understand the nature and object of the proceeding against him or her or to assist in the preparation of his or her own defense.

    incompetent to stand trial

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    not guilty by reason of insanity

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    __________ is generally not regarded as an effective defense because the law generally holds that a person who voluntarily puts himself or herself in a condition must be held responsible for the consequences of that condition.


    Infancy

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  • My question is long. My ex is being indicted on 2 felony charges.

    My question is long. My ex is being indicted on 2 felony charges. One for agg assault w/ deadly weapon sbi on family member (f1) and the other for unlawful restraint (f2). He was/is on felony supervised release, and had JUST bonded out of county for evading and family violence (both misdemeanors) . He hadn't reported to his p.o since Oct 2013 and he ran from the US Marshals until he was picked up on 1/30/14. Date he fired gun was 1/5/14. His previous fed time was for 5 counts burg of building and a charge for a firearm with serial # XXXXX out. He did 4 years. In your experience, what is he facing? The assault charge went fed. Even if he somehow managed to get an extremely bad a** attorney, is there ANY chance he could get that charge dropped/reduced/dismissed?? I am not looking to help him fyi. I fear for my life. Thank you in advance.
  • In the state of PA if someone who has no criminal history is

    In the state of PA if someone who has no criminal history is found guilty of:
    1.Recklessly Endangerment M2
    2.Unlawful Restraint/Serious Bodily Injury F2
    3.False Imprisonment F2
    4.Official oppression-Deny Rights/Prv M2
    5.Sell/Furnish Liquor Etc Minor M3

    If found guilty of all the charges above can that person be eligible for house arrest?
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