Example and Hypothetical Scenario. Per Penal Code section 237(a), false imprisonment is a misdemeanor if violence, deceit, fraud, or menace were not involved in the offense's commission.5.1. Filing a complaint. By filing a complaint with the police department, you can demand the officer face repercussions for their false arrest. Blankenhorn claims that his arrest violated his Fourth Amendment rights. The department wants to do a complete investigation of all sincere complaints. By filing a complaint with the police department, you can demand the officer face repercussions for their false arrest. Forms The Superior Court of Orange County offers several options to assist the public in completing court forms: Though mitigation of damages is an affirmative defense, see Instruction ), it is rarely a complete defense. What Happens in the Typical False Imprisonment Case?