False imprisonment occurs when someone is detained without legal authorization or against their will. It can be raised in civil or criminal cases and typically involves coercion, force, or threat. The detainee must prove they were unreasonably detained, and the defendant must show the detention was legally justified. False detention does not occur if a person agrees to be detained, and there are limited situations where a person’s right to detention exists. Parents and authority figures can prevent minor children from leaving, but spouses usually have no right to hold each other back.
False imprisonment occurs when a person is detained without legal authorization or against their will. False incarceration can also take place when someone prevents another person from leaving a vehicle, room, building, or other area. For example, suppose a man pulls a gun and threatens to shoot his wife if he leaves their apartment. The man could be found guilty of wrongfully detaining his wife against his will.
False detention claims can be raised in civil or criminal cases. In a civil suit, an action may be brought as a tort action to recover pecuniary damages. In criminal cases, it is often a misdemeanor or felony that can result in jail time or fines.
In most false detention civil cases, the plaintiff bears the burden of proving that he was unreasonably detained. After the plaintiff has established each element of the claim, the defendant is required to show that the detention was legally justified. Similarly, in a criminal case, the prosecution must prove every element of false detention, often beyond a reasonable doubt. The defendant can then answer or make holes in the prosecution’s case.
During most cases of detention, the detainee is held against his will due to coercion, force or threat. Typically, false detention does not occur if a person agrees to be detained. For example, suppose a police officer asks a man to come to the police station and answer some questions. Suppose also that the man is held in a room while the offering interrogates him. If the man simply agreed to be held in the room of his own free will, the police officer would not be treating him unfairly.
In some situations, a person’s right to detention exists in a limited capacity. For example, consider a situation where a store manager suspects a shopper is shoplifting. In most jurisdictions, the manager would have the right to detain the shopper for a reasonable amount of time in order to investigate if a shoplifting has occurred. If, however, the manager detains the buyer for an unreasonable length of time, the manager could be charged with false imprisonment.
As a general rule, false incarceration does not apply to parents or other authority figures who prevent minor children from leaving a room or vehicle. For example, a school teacher would have the right to prevent a child from leaving a classroom during school hours. However, once a child becomes an adult, a parent no longer has the right to detain them. Spouses usually have no right to hold each other back.
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