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Pennsylvania Residents Beware: False Imprisonment Can Constitute Domestic Violence

Posted by Joseph D. Lento | Sep 19, 2023 | 0 Comments

False imprisonment accusations are very serious and can lead to severe punishment, such as jail time and hefty fines. But anyone accused of false imprisonment in Pennsylvania needs to know that, in some cases, false imprisonment charges can also lead to domestic violence charges. This raises the stakes significantly for anyone who is accused of false imprisonment in Pennsylvania.

What Is False Imprisonment?

In Pennsylvania, false imprisonment is the act of knowingly and unlawfully restraining another person against their will in a way that substantially interferes with their liberty. The crime is generally a second-degree misdemeanor that carries a sentence of one to two years in prison and a fine of up to $5000.

False imprisonment of a minor by an adult who is not the victim's parent constitutes a second-degree felony, as does false imprisonment of a minor by an adult who is the victim's parent.

The term “parent” is interpreted broadly under the law and includes biological parents, adoptive parents, guardians, and stepparents.

How False Imprisonment Can Lead to Domestic Violence Charges in Pennsylvania

Like many other states, Pennsylvania takes domestic violence very seriously. False imprisonment is one of the many acts that can constitute domestic violence under Pennsylvania law.

In Pennsylvania, whether an act constitutes domestic violence depends on the relationship between the parties. Specifically, the determination turns on whether the act occurred between family and household members. Pennsylvania broadly defines “family” and “household” relationships and can include:

  • Parents and children.
  • Spouses or former spouses.
  • Domestic partnerships and cohabiting arrangements.
  • Blood relatives.
  • In-laws.
  • Biological parents of a child.
  • Sexual partners (including former partners).

How False Imprisonment Can Become Domestic Violence in Pennsylvania

There are many factual scenarios in which false imprisonment can rise to the level of domestic violence in Pennsylvania. For example:

  • A boyfriend stands in front of a doorway and doesn't allow his girlfriend to leave.
  • A stepfather locks his stepson in a bedroom without the stepson's consent or permission.
  • An ex-husband threatens to harm his ex-wife if she leaves the house.

In each of these examples, false imprisonment would likely be considered domestic violence under Pennsylvania law because of the relationship of the parties involved.

The LLF Law Firm Can Help Anyone Facing False Imprisonment or Domestic Violence Charges

Anyone who has been accused of false imprisonment in Pennsylvania needs to protect themselves against the potential serious consequences of those charges and the added threat of additional domestic violence charges.

The LLF Law Firm's experienced Criminal Defense Team has been successfully defending clients in false imprisonment and domestic violence cases throughout Pennsylvania for many years. We can assess your case and vigorously defend your rights in order to help you achieve the best possible outcome. Contact the LLF Law Firm at 888-535-3686, or submit a confidential online consultation form.

About the Author

Joseph D. Lento

"I pride myself on having heart and driving hard to get results!" Attorney Joseph D. Lento passionately fights for the futures of his clients in criminal courtrooms in Philadelphia and across Pennsylvania as well as in New Jersey and nationwide. He does not settle for the easiest outcome, and instead prioritizes his clients' needs and well-being. With unparalleled experience occupying several roles in the criminal justice system outside of being an attorney, Joseph D. Lento can give you valuable behind-the-scenes insight as to what is happening during all phases of the legal process. Joseph D. Lento is licensed in Pennsylvania, New Jersey, and New York, and is admitted pro hac vice as needed nationwide. In the courtroom and in life, attorney Joseph D. Lento stands up when the bell rings!

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The LLF Law Firm Team has decades of experience successfully resolving clients' criminal charges in Philadelphia and the Pennsylvania counties. If you are having any uncertainties about what the future may hold for you or a loved one, contact the LLF Law Firm today! Our Criminal Defense Team will go above and beyond the needs of any client, and will fight until the final bell rings.

This website was created only for general information purposes. It is not intended to be construed as legal advice for any situation. Only a direct consultation with a licensed Pennsylvania, New Jersey, and New York attorney can provide you with formal legal counsel based on the unique details surrounding your situation. The pages on this website may contain links and contact information for third party organizations - the Lento Law Firm does not necessarily endorse these organizations nor the materials contained on their website. In Pennsylvania, Attorney Joseph D. Lento represents clients throughout Pennsylvania's 67 counties, including, but not limited to Philadelphia, Allegheny, Berks, Bucks, Carbon, Chester, Dauphin, Delaware, Lancaster, Lehigh, Monroe, Montgomery, Northampton, Schuylkill, and York County. In New Jersey, attorney Joseph D. Lento represents clients throughout New Jersey's 21 counties: Atlantic, Bergen, Burlington, Camden, Cape May, Cumberland, Essex, Gloucester, Hudson, Hunterdon, Mercer, Middlesex, Monmouth, Morris, Ocean, Passaic, Salem, Somerset, Sussex, Union, and Warren County, In New York, Attorney Joseph D. Lento represents clients throughout New York's 62 counties. Outside of Pennsylvania, New Jersey, and New York, unless attorney Joseph D. Lento is admitted pro hac vice if needed, his assistance may not constitute legal advice or the practice of law. The decision to hire an attorney in Philadelphia, the Pennsylvania counties, New Jersey, New York, or nationwide should not be made solely on the strength of an advertisement. We invite you to contact the Lento Law Firm directly to inquire about our specific qualifications and experience. Communicating with the Lento Law Firm by email, phone, or fax does not create an attorney-client relationship. The Lento Law Firm will serve as your official legal counsel upon a formal agreement from both parties. Any information sent to the Lento Law Firm before an attorney-client relationship is made is done on a non-confidential basis.

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