What Counts as “False Imprisonment” in a Florida Domestic Violence Charge?

Domestic violence encompasses many possible crimes in Florida – including false imprisonment. This offense is difficult to understand for many defendants. If you have been accused of domestic violence on this basis, you might be wondering what exactly you did wrong. With a clearer understanding of false imprisonment in Florida, it may be easier to defend yourself against domestic violence charges and injunctions.

The Classic Example of False Imprisonment 

Many false imprisonment charges are legitimate. The classic example involves physically restraining a member of your household against their will. This might include locking your spouse in their room, tying their hands behind their back, or standing between them and the exit of your home while they try to leave.

Temporary False Imprisonment Can Still Lead to Consequences 

You may face consequences for false imprisonment even if you restrain a family member for a relatively short period of time. For example, your wife might tell you that they’re leaving you forever. Faced with the emotional shock of this news, you might tug on their hand as they attempt to walk out the door. Even if you prevent them from leaving for a few minutes, Florida criminal courts may see this as a form of false imprisonment.

Less Obvious Forms of False Imprisonment 

You may also face accusations of false imprisonment for extremely subtle acts. Simply displaying a weapon could classify as a “threat” under domestic violence laws. For example, your boyfriend might coincidentally attempt to break up with you while you’re in the process of cleaning your firearm. This individual may later claim that they were too scared to leave the home after seeing you with your firearm – even if you never intended to use it.

Perhaps the most subtle form of false imprisonment is “deceptive confinement.” This occurs when you keep your family member inside the home through trickery. For example, you might tell your spouse that a chemical leak has occurred in the area, and that it’s not safe to go outside. You might also falsely tell your girlfriend that police have a warrant for their arrest.

What is NOT Considered False Imprisonment? 

There are certain legal acts that may seem like false imprisonment. A clear example is “grounding” your minor children. As a parent, you have the right to “falsely imprison” your children under most circumstances. This is a common, nonviolent form of punishment among many parents across the United States – and it is perfectly acceptable in the vast majority of cases.

Work with a Domestic Violence Defense Lawyer in Fort Lauderdale 

Allegations of false imprisonment are often unfounded. You can face these charges even if you never physically touched the alleged victim. The consequences of domestic violence in Fort Lauderdale can be quite severe, and it makes sense to fight for your rights effectively. With help from the Fort Lauderdale domestic violence lawyers Haber Blank, Attorneys at Law, you can push back against these charges. If prosecutors fail to convict you of false imprisonment, you cannot face domestic violence consequences or injunctions. Reach out today to learn more during a consultation.

Sources: 

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0787/Sections/0787.02.html

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0741/Sections/0741.28.html