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False Imprisonment With Law In Fairfax

Category:

Civil Actions - False Imprisonment

State:

Multi-State

County:

Fairfax

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

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.

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.

Whether you call it false imprisonment or false arrest, the Virginia Supreme Court has defined it as “the direct restraint by one person of the physical liberty of another without adequate legal justification.” Jordan v. Shands, 500 S.E.2d 215, 218 (Va. 1998).

Penalties for Penal Code 236 False Imprisonment If convicted of a PC 236 felony crime, you could spend up to three years in a California state prison and be fined up to $10,000. It should be noted that if the victim was elderly or dependent, the sentence could increase to four years.

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

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Compare the best False Imprisonment lawyers near Fairfax, VA today. Use our free directory to instantly connect with verified False Imprisonment attorneys.This can include probable cause for the arrest. Fairfax Circuit Court offers customers the option to electronically file into new and existing Civil Law cases, and existing Criminal cases. It is imperative that the officer terminate the arrest process immediately to avoid becoming liable for false imprisonment. Reach out to our Fairfax office today at 703-988-3711, or alternatively, fill out our online contact form for a swift response from a member of our team. Free Consultation - Call 703.273. Whitestone Young, PC, is a well-known Fairfax, VA criminal defense lawyer, personal injury and DUI Defense serving clients for more than 40 years. Contact Fairfax criminal defense lawyer at Whitestone Young, PC if you are facing criminal charges. Call our criminal law attorney at 703-591-0200.

False Imprisonment With Law In Fairfax

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FAQ

What are the three elements of false imprisonment?

What damages are available for false imprisonment?

How to prove intent for false imprisonment?

Can you sue for being wrongfully incarcerated?

What is the false imprisonment law in Virginia?

What is a sentence for false imprisonment?

What is a common defense to false imprisonment?

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