Is False Imprisonment A Domestic Violence Crime?

When the average person hears the term ‘false imprisonment,’ they may think of a person being locked in jail without cause, or being kidnapped and taken to a secondary location. In reality, false imprisonment only requires that a person be held somewhere against their will, even if only for a short period of time. It is often seen as a crime related to domestic violence cases. If you have been charged with this offense, it is crucial to take it seriously.

On The List

Florida defines domestic violence as any “criminal offense resulting in physical injury or death” to a victim, committed by a perpetrator with a certain relation to the victim. For example, a spouse, ex-spouse, or unmarried co-parent. The statute lists certain crimes as examples of domestic violence (though the list is not exhaustive), and false imprisonment is on that list.

False imprisonment qualifies as a crime of domestic violence when it occurs during a domestic dispute, and it usually qualifies even without any demonstrable physical injury, despite the wording of the statute. The reason is that the alleged victim’s autonomy is threatened, meaning that the victim may not be able to act in their own best interests.

Serious Potential Consequences

In order to be convicted of false imprisonment in the domestic violence context, the prosecution must establish four things in court. There must have been:

• Some kind of restraint or confinement of the victim;
• A lack of consent for that restraint;
• No legal authority to restrain or confine must exist on the part of the aggressor; and
• A type of relationship that qualifies the alleged restraint as domestic violence (so, for example, spouses or people who have lived together ‘as a family’).

As with any domestic violence conviction, the fallout after being convicted of false imprisonment can be long-term. In addition to the jail time and criminal record, it is important to keep in mind that if the alleged victim is younger than 13 years old, a crime will result in a first-degree felony, rather than the third-degree felony conviction one may receive for falsely imprisoning an adult.

Contact A West Palm Beach Domestic Violence Attorney

False imprisonment is an offense that one can commit almost without knowing, but the consequences upon conviction never fade. A West Palm Beach criminal defense attorney from Perlet & Shiner, P.A. can help you navigate the legal process, while ensuring your rights are protected. Contact our office today to speak to an attorney.

Source:

flsenate.gov/Laws/Statutes/2025/741.28