Riverview Domestic Violence Dispute Ends Peacefully

In May 2023, police were able to free a woman being held against her will in a ‘domestic dispute’ happening in a Riverview apartment. Hostage negotiators were called in, and were successful in getting the suspect to release the woman unharmed. He later surrendered to police, and while there is no word as of this writing as to whether he will be charged, it is worth it to note that he may face a charge of false imprisonment – despite his victim being released without injury.

False Imprisonment May Qualify

Domestic violence in Florida may encompass quite a few offenses – the relevant statute defines it as any “criminal offense that results in physical injury or death” to one of the perpetrator’s “family or household member[s].” Quite a few people may fit into those categories, including spouses, former spouses, unmarried co-parents, and anyone who is or was residing with the perpetrator ‘as a family.’

The statute lists several offenses as examples – kidnapping, assault, and battery, among others – and while false imprisonment does not always cause injury, it is very often a case that a state’s attorney will take anyway, particularly if there are allegations of domestic violence. It implies a wish to deprive an alleged victim of choice and autonomy.

Defenses Do Exist

There are three elements one must establish in order to prove that false imprisonment took place. The first is that the imprisonment was intentional; the second is that the victim must not have consented; and the third is that no legal justification can have existed for the imprisonment. (There are moments where someone in authority may have justification to imprison another person, such as a police officer and a suspect.)

While these charges are serious, defenses do exist. If you can show, for example, that there was a clear path to an exit that the alleged victim simply did not take, or that you had a good faith reason to hold the person there (for example, if they were intoxicated and a threat to themselves), you may be able to assert your lack of intent to imprison anyone.

Contact A West Palm Beach Domestic Violence Attorney

The situation in Riverview was handled appropriately, and it ended without any injuries to the suspect or victim – but unfortunately, not all similar situations end so well. If you have been accused of false imprisonment and/or domestic violence, a West Palm Beach criminal attorney from Perlet & Shiner, P.A. can help ensure you get your day in court. Contact our office today for a free consultation.

Source:

abcactionnews.com/news/region-hillsborough/domestic-violence-incident-in-riverview-ends-safely-with-suspect-in-custody