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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.
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