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False Imprisonment With Law In Broward

Category:

Civil Actions - False Imprisonment

State:

Multi-State

County:

Broward

Control #:

US-000280

Format:

Instant download

Description

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.

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FAQ

SECTION 02False imprisonment; false imprisonment of child under age 13, aggravating circumstances. (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.

The most common defense is consent. In other words, the victim voluntarily agreed to being confined.

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.

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.

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.

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.

More info

Grant Schwarz, a Broward County False Arrest Attorney, is ready to speak to you any time at 800-403-3887 to begin defending your False Imprisonment case. False imprisonment is a third-degree felony, which is punishable by: Up to five years in prison; and.We handle many types of false imprisonment claims, but we focus our civil rights practice on false imprisonment claims against private entities. These seasoned veterans have handled multiple false imprisonment cases in Orange, Palm Beach, and Broward counties. Call (954) 765-6585 right now to let our lawyers provide a complete evaluation of your case during a free initial consultation. False imprisonment can be a first, second, or third degree felony in Florida. A habeas corpus petition must show that the court ordering the detention or imprisonment made a legal or factual error. The crime carries a severity level of 6. Translated into points, this equals 36 points. We also handle cases of alleged domestic violence, kidnapping, false imprisonment, aggravated battery and aggravated assault.

False Imprisonment With Law In Broward

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FAQ

What is the Florida statute for false imprisonment?

What is a common defense to false imprisonment?

Can you sue for being wrongfully incarcerated?

What are the three elements of false imprisonment?

What damages are available for false imprisonment?

How to prove intent for false imprisonment?

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