Restrained Against Your Will And Seeking Compensation
Posted on: 27 March 2019
When you are not allowed to move about freely, it can be a terrifying ordeal. Restraining someone against their will is not just wrong, it's both a criminal matter and a personal injury case waiting to happen. Read on to learn more about the little-understood notion of false imprisonment and how to take action.
What is False Imprisonment?
If you are not free to go or you believe that you are not free to go, that is false imprisonment. The usual forms of detaining someone likely come to mind – being locked in a room, being tied up, and so forth. The legal definition goes beyond those things, however. You might be surprised to find that an act of violence is not necessary for it to be false imprisonment. In fact, false imprisonment can be present even if no force or any physical contact at all is used. Here are a few examples of false imprisonment:
1. You are detained for an unreasonable amount of time by law enforcement and you were not read your Miranda Rights.
2. You are threatened with harm to your loved ones if you leave your home.
3. You are told by another driver that you will be shot if you get out of your vehicle. (This would come with an additional charge of assault, of course).
4. You are in fear of losing a possession, such as a handbag or a wallet, unless you remain in a certain place.
5. You are locked in a room or told that you cannot leave the room.
6. Your loved one is in a nursing home and has been sedated without permission.
What is Not False Imprisonment?
It's vital to understand that not every single incident that appears to be false imprisonment really is. None of the below are considered false imprisonment.
1. You are held lightly by your arm to detain you momentarily. You can easily shake off the hand and move about, however.
2. You are detained on the suspicion of shoplifting from a retail store for a relatively short amount of time.
3. You are told to stay in a room but are not threatened or warned not to leave and the door is open.
4. You are arrested, jailed, and charged with a crime and then found "not guilty".
Seeking Money Damages
In some situations, you can be awarded restitution as a result of criminal charges. Unfortunately, this sort of crime is not considered serious enough to warrant that level of punishment for the offender, in most cases. Your best opportunity to be paid money damages might be to seek a civil suit. Speak to a personal injury attorney about the harm caused by false imprisonment, such as pain and suffering, medical expenses, lost wages, and mental trauma.
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