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 Meaning In Los Angeles
Category:
State:
Multi-State
County:
Los Angeles
Control #:
US-000280
Format:
Word;
Rich Text
Instant download
Description
Free preview
Form popularity
FAQ
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.
False Imprisonment Penalties Jail time (up to one year in jail for a misdemeanor conviction, three years for a felony conviction, and eight years for a felony conviction involving a hostage) Fines ranging between $1,000 and $10,000 or more. Probation sentences of at least 12 months or more.
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.
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.
Rather, it's considered false imprisonment when someone is simply detained or confined by use of force, fraud, or threat of force. This could include the use of physical barriers, such as furniture, to prevent them from leaving.
To convict you, the prosecution must prove the following elements: That you intentionally restrained, detained, or confined another person; and. The restraint made the victim go or stay somewhere against their will.
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.