What is False Imprisonment of a Family Member?

Full question:

What is false imprisonment of a family member?

  • Category: Criminal
  • Date:
  • State: New Mexico

Answer:

False imprisonment is confining or physically restraining a person, such as by being locked in a car, being tied to a chair or locked in a closet, with no legal authority to hold the person. It is similar to a charge of kidnapping and it usually occurs in conjunction with a false arrest. False imprisonment is often a crime and if proved is almost always the basis of a lawsuit for damages.

Any intentional detention of the person of another not authorized by law is false imprisonment. It is any illegal imprisonment, without due process or under a false authority, without consideration of whether any crime has been committed or a debt due. Examples may include being locked in a car, driven about without opportunity to get out, or being tied to a chair or locked in a closet. It may be the follow-up to a false arrest, such as holding someone in the office of a department store, but more often it resembles a kidnapping with no belief or claim of a legal right to hold the person.

False imprisonment may be the detainment or arrest of a person without a warrant, with an illegal warrant, or with a warrant illegally executed. As long as the person was illegally deprived of liberty, the amount of time they were detained is irrelevant.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

An example of wrongful imprisonment is when a person is held in a room against their will without any legal justification. For instance, if someone is detained by a security guard in a store without evidence of theft, this could be considered wrongful imprisonment.