What is False Imprisonment of a Family Member?
Full Question:
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.