This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
Complaint False Imprisonment With Violence In Contra Costa
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State:
Multi-State
County:
Contra Costa
Control #:
US-000280
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Word;
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FAQ
Examples of false imprisonment: You prevent someone from leaving by grabbing that person's arm; You lock someone in a bedroom; You tie someone to a chair. Note, however, that if the person consented to any of these acts, it wouldn't be false imprisonment.
False Imprisonment vs. Assault: Assault involves a threat of bodily harm coupled with an apparent, present ability to cause the harm, creating a reasonable fear in the victim. On the other hand, false imprisonment focuses on the unlawful restriction of a person's freedom of movement.
False Imprisonment and Domestic Violence Specifically, California Penal Code Section 236 makes it unlawful to violate the personal liberty of another. The court will look at whether the defendant intentionally and unlawfully restrained, confined, or detained someone through violence or menace.
To prove a false imprisonment claim as a tort in a civil lawsuit, the following elements must be present: There was a willful detention; The detention was without consent; and. The detention was unlawful.
The most common defense is consent. In other words, the victim voluntarily agreed to being confined.
More info
How Can I Respond to a Request for Domestic Violence Restraining Order? DV-130, Restraining Order After Hearing (CLETS-OAH).Using the Online Citizen Reporting System allows you to submit a report immediately and print a copy of the report for free. The penalties for false imprisonment of an elder or dependent adult involving violence, menace, fraud, or deceit include up to four years in prison. Welcome to the Contra Costa County Superior Court Self-Help Resource Center. Contra Costa county's DA's office has a pattern of not filing charges for months after the alleged crime. They claim their office is overburdened. Provides free legal services and advice to low-income individuals in the priority areas of housing, domestic violence, public benefits and health access. Find an attorney immediately from a different county than the one you were arrested. Make sure they specialize in police misconduct OR have a lot of guts.