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False imprisonment is one of several offenses that can be prosecuted as a crime of domestic violence under New Jersey’s Prevention of Domestic Violence Act (PDVA). If you have been accused of false imprisonment by a current or former spouse, partner or other “protected person,” it is important that you speak with a New Jersey defense attorney promptly.
There are several reasons why.
First, allegations of false imprisonment can lead to the immediate imposition of a domestic violence restraining order. If you violate your restraining order—even unknowingly—you can be arrested and charged with an additional crime.
Second, a conviction for false imprisonment can result in up to a $1,000 fine and six months in jail. While you may be able to avoid jail time, doing so will require a strategic and effective defense.
Finally, being accused of false imprisonment can negatively impact your life for years to come. A domestic violence restraining order can negatively impact your relationship with your children while having a conviction on your record can negatively impact your life in numerous other ways.
So, how do you fight false imprisonment allegations in a domestic violence case? Determining what defenses you have available starts with understanding what constitutes “false imprisonment.” Section 2C:13-3 of the New Jersey Code of Criminal Justice states:
“A person commits a disorderly persons offense if he knowingly restrains another unlawfully so as to interfere substantially with his liberty. . . .”
There is an exception for circumstances in which the defendant is the alleged victim’s parent or legal guardian. Additionally, even if someone claims to have been unlawfully restrained, this may not have actually been the case. False allegations are common, and when in doubt, police officers will typically err on the side of protecting those who claim to be victims. While this is understandable, it can lead to unjust consequences in some cases.
When you contact us about your case, an experienced New Jersey criminal lawyer will listen to your side of the story. Your lawyer will then thoroughly examine the facts of your case to determine what defenses you have available. While there are several possibilities, determining which defenses you can use in your case requires a clear understanding of the relevant facts and law. We have extensive experience representing individuals charged with false imprisonment and other forms of domestic violence in New Jersey, and we can use this experience to help protect you by all means available.
If you are facing allegations of false imprisonment in a New Jersey domestic violence case, we encourage you to contact us promptly for more information. We can help, but it is important that you get in touch as soon as possible. To discuss your case with an experienced New Jersey defense attorney in confidence, call 877-435-6371 or tell us how we can reach you online today.
Don’t let your rights be jeopardized.