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 Movement Of The Victim In Oakland
Category:
State:
Multi-State
County:
Oakland
Control #:
US-000280
Format:
Word;
Rich Text
Instant download
Description
Free preview
Form popularity
FAQ
Emergencies includes downed trees or tree limbs, flooding or sewer overflows, and street signal outages. Please report all non-emergency issues online at this page. For urgent issues, call 311 or (510) 615-5566.
Non-Emergency Situations: For non-life-threatening issues, please use the following non-emergency numbers: OPD: (510) 777-3333 and Public Maintenance: 311 or (510) 615-5566. This helps keep 911 lines open for genuine emergencies and reduces response times for critical situations.
CHP has personnel that answers the 1-800-TELL-CHP telephone number 24 hours a day, seven days a week. If you are reporting an emergency that requires immediate attention please dial 911.
The most common defense is consent. In other words, the victim voluntarily agreed to being confined.
California Penal Code § 236 PC defines false imprisonment as unlawfully restraining, detaining, or confining a person against his or her will. The crime can be charged as either a misdemeanor or felony and is punishable by up to three years in jail.
The misdemeanor offense of false imprisonment under California Penal Code Section 237(a) PC requires a prosecutor to establish the following elements: The defendant intentionally and unlawfully restrained, detained or confined another person. The defendant made the person stay or go somewhere against that person's 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 Defenses. Consent, justification, and self-defense or defense of others are all defenses to hostage false imprisonment.
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.
More info
Community Police Review Agency → Services → File a Police Misconduct Complaint Online. File a Police Misconduct Complaint Online.The phone number at CPRA is . Office hours are Monday through Friday, a.m. False imprisonment occurs when you unlawfully deprive another person of his or her personal liberty. The plaintiff's claim in a warrantless false arrest lawsuit arose from a sheriff s deputy s visit to her house to check on the welfare of her daughter. False imprisonment can be a serious offense in California, resulting in jail time, fines, and a possible felony criminal record. The appeal process is complicated and difficult to navigate. Call our team of California criminal appeals lawyers for a FREE consultation. ¶ 6; Declaration of Cynthia Perkins in Support of Defendants' Motion for Summary Judgment or, in the Alternative, Partial Summary Judgment ("Perkins Decl.