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.
False Imprisonment With Violence In Hillsborough
Category:
State:
Multi-State
County:
Hillsborough
Control #:
US-000280
Format:
Word;
Rich Text
Instant download
Description
Free preview
Form popularity
FAQ
False imprisonment or unlawful imprisonment occurs when a person intentionally restricts another person's movement within any area without legal authority, justification, or the restrained person's permission. Actual physical restraint is not necessary for false imprisonment to occur.
If you are referring to the tort of false imprisonment, then the answer is yes. You can file a civil lawsuit against someone or an entity that falsely imprisoned you. However, outside of an extreme situation, the problem is that there are rarely any actual damages. Therefore, a lawsuit is rarely worth doing.
The most common defense is consent. In other words, the victim voluntarily agreed to being confined.
Nominal damages will be awarded to an individual who has suffered no actual damages in consequence to the illegal confinement. In cases where an injured offers proof of injuries suffered, s/he will be compensated with damages for physical injuries, mental suffering, and loss of earnings.
Steps to Take If You Are Wrongfully Convicted of a Crime Contact an Experienced Criminal Defense Lawyer. File an Appeal. Investigate New Evidence. Consider Post-Conviction Motions. Seek Support from Justice Organizations. Stay Strong and Never Give Up Hope.
In general, to make out a false imprisonment claim, you'll need to show these four common elements: the intentional restraint of another person in a confined area. the restrained person doesn't consent to the restraint. the restrained person is aware of the restraint, and. the restraint is without legal justification.
False Imprisonment Defenses. Consent, justification, and self-defense or defense of others are all defenses to hostage false imprisonment.
If you are a victim of false imprisonment, you can file a lawsuit seeking damages. This is predicated on your right to liberty, personal security, and freedom of movement. In the eyes of the law, nobody, regardless of their position, has the right to infringe upon your personal liberties unjustly.
(1)(a) The term “false imprisonment” means forcibly, by threat, or secretly confining, abducting, imprisoning, or restraining another person without lawful authority and against her or his will.
False Imprisonment Defenses. Consent, justification, and self-defense or defense of others are all defenses to hostage false imprisonment.