In domestic violence cases, false imprisonment is when the alleged abuser physically detains their victim either by using physical force or threatening violence against them if they left their home or current location.

The legal definition of false imprisonment is the unlawful restraint of another unwilling person without legal justification [1]. False imprisonment is a felony charge and is considered an intentional tort, which means it is a wrongful act committed with the intent to harm someone else.

What Is Considered False Imprisonment In Washington State?

In domestic violence cases, defendants can be charged with false imprisonment if they prevent their victims from leaving their current location or the victim’s freedom of movement is restricted. In Washington State, domestic violence is defined between two household members or two intimate partners, so this false imprisonment may happen in the victim’s own home and would be committed by a loved one or family member [2].

During the case, a state prosecutor will need to prove that the defendant stopped the victim from leaving their location. They’ll have to prove this was against their will and that the defendant achieved this imprisonment through either coercion, threats, violence or restraints [3].

It’s important to note that physical force or physical restraints, like handcuffs or rope, is not necessary to prove a false imprisonment charge. If the defendant made a threat of violence it can be seen as a legitimate reason for the victim to not be able to leave because they feared for their safety or someone else’s if they left.

During the trial, a prosecutor will also need to prove that a reasonable person would believe they could not leave and were being held against their will [4].

How Is False Imprisonment Different From Kidnapping In Washington State?

False imprisonment differs from a kidnapping charge, but can later evolve into kidnapping. False imprisonment becomes kidnapping when the aggressor moves the victim some distance from the original place they were imprisoned, or a significant amount of time has passed [5]. It’s possible for a defendant to be charged with both false imprisonment and kidnapping. Kidnapping is considered a more serious offense and depending on the circumstances ranks as a Class A or Class B felony.

What Is the Penalty For Being Convicted Of False Imprisonment In Washington State?

False Imprisonment is a Class C Felony in Washington State, therefore it is a very serious charge [6]. Defendants who are convicted as an adult face a fine up to $10,000 paired with potential jail time based on the severity of the case. Felonies can carry a sentence of life in prison.

What Should I Do If I’m Involved In A False Imprisonment Case?

If you’re involved in a false imprisonment case, you’ll want to be prepared with evidence to help you win your case. Start by quickly booking an appointment with a trusted attorney at Priest Family Law.

Our team has experience navigating the nuances of false imprisonment charges. We know that a false imprisonment charge is often just one of many charges in a domestic violence case. We understand domestic violence cases are deeply personal and can help you navigate your best next steps to succeed in the courtroom.

Sources:

[1] “What Is False Imprisonment?” Nolo.com. https://www.nolo.com/legal-encyclopedia/what-false-imprisonment.html

[2] “Domestic Violence/Domestic Abuse Definitions And Relationships.” National Conference Of State Legislators. https://www.ncsl.org/research/human-services/domestic-violence-domestic-abuse-definitions-and-relationships.aspx

[3] Rooth, Jay. “Understanding Domestic Abuse Charges: False Imprisonment.” Lawyers.com, 7, Feb. 2018. https://blogs.lawyers.com/attorney/domestic-violence/partner-4-45446/

[4] “What Is False Imprisonment?” Nolo.com. https://www.nolo.com/legal-encyclopedia/what-false-imprisonment.html

[5] “What Is False Imprisonment?” Nolo.com. https://www.nolo.com/legal-encyclopedia/what-false-imprisonment.html

[6] “RCW 9A.40.040.” Washington State Legislature. https://app.leg.wa.gov/RCW/default.aspx?cite=9A.40.040

When a victim is assaulted, the crime can become a domestic violence charge depending on who the victim’s attacker was. If the relationship between the attacker and the victim is romantic, household members or they’re related by blood, the charge would be classified as domestic violence.

What Is Considered Domestic Violence In Washington State?

In Washington State, domestic violence occurs between two people who share a household relationship, such as dating or blood-family relationships. Domestic violence usually involves a victim suffering physical injury from pushing, slapping or hitting, though sometimes it can involve the greater charges of murder or rape [1].

Domestic violence charges differ from assault charges because the relationship between the attacker and victim is known. This means the attacker may have abused the victim’s trust and confidence to commit the crime. In domestic violence crimes, the victims also often get special protections from their attacker after the case is settled.

What Is The Relationship Between The Attacker And Victim To Be Considered Domestic Violence in Washington State?

In Washington State, domestic violence happens between two people that are [2]:

• Intimate partners, such as spouses or domestic partners.
• Former spouses or former domestic partners.
• Two people who share a child, regardless of marital status or if they’ve ever lived together.
• Two adult people who currently or previously lived together and are currently or previously dated.
• Two people who are at least 16 years old and currently live together, or lived together in the past, and have dated.
• Two people, both over the age of 16 years old who have dated.
• Adults related by blood.
• People with a biological or legal parent relationship, such as step-parents or grandparents.

What Is The Punishment For Domestic Violence In Washington State?

If a police officer in Washington State is called to a scene for a domestic violence incident and that officer has a reasonable belief or probable cause that a crime was committed they must arrest the alleged attacker [3]. The officer can arrest the alleged attacker without a warrant if they believe the attacker has hurt someone in their household in the last four hours or the person in question has violated a domestic violence protective order [3].

If the alleged attacker is convicted of domestic violence, how much time in jail they will serve is based on the class of charge, such as a misdemeanor, gross misdemeanor or felony. In Washington State, domestic violence misdemeanors carry a $1,000 fine and up to 90 days in prison. Gross misdemeanors can be punished by up to a year in jail and a $5,000 fine. Domestic violence felonies can carry a sentence of more than a year in prison [4]. After the attacker has been convicted they may also have a domestic violence protection order or restraining order against them preventing them from contacting their victim.

What Should I Do If I’m Involved In A Domestic Violence Case In Washington State?

If you have been charged with domestic violence or you’re the victim of domestic violence, reach out to the trusted team at Priest Criminal Defense. Our team has experience working with families involved with domestic violence in Washington State. We can help you build your best case and work to achieve a speedy resolution.