Domestic Violence – False Imprisonment and Harassment

A domestic violence charge involving false imprisonment or harassment is extremely serious. What often begins as a heated argument or misunderstanding can quickly escalate into criminal penalties.

Even worse, these charges often come with no-contact orders that can force you out of your home and away from your loved ones before you have had your day in court. Here is what you need to know about false imprisonment, harassment charges, and how a Tacoma domestic violence defense lawyer can help protect your constitutional rights.

What Is False Imprisonment in a Domestic Violence Case?

In Washington, no one crime constitutes domestic violence. Instead, domestic violence acts as an enhancement to other criminal charges when the victim and perpetrator have a familial or intimate relationship, or live in the same household. This means prosecutors can add domestic violence allegations to existing charges like assault, harassment, or false imprisonment.

False imprisonment occurs when someone knowingly restrains another person without legal authority. While this may sound extreme, common actions during arguments with significant others, family, and household members can qualify as false imprisonment. Grabbing someone’s arm during an argument, holding onto them to continue a conversation, or taking their phone to prevent them from leaving can all constitute unlawful restraint. 

What Is Harassment in a Domestic Violence Case?

Harassment involves knowingly threatening another person in ways that create reasonable fear of harm. These threats can manifest through words, conduct, or actions. 

You could face harassment charges for:

• Threatening to cause bodily injury
• Threatening to damage another person’s property
• Threatening to physically confine or restrain someone
• Taking actions intended to cause substantial physical or mental harm

Even sending threatening text messages, damaging someone’s belongings, or preventing them from leaving a room can constitute harassment. Like false imprisonment, this crime can become a domestic violence charge if it involves a family or household member or significant other.

Defending Against False Imprisonment and Harassment Charges

False imprisonment or harassment charges can lead to fines, jail time, and many other consequences—especially if the case involves domestic violence. You have the right to defend yourself against these accusations, and a Washington criminal defense lawyer can help you fight back.

For example, the prosecution must present sufficient evidence to prove guilt beyond a reasonable doubt. In cases where accusations arise falsely out of anger, revenge, or to gain advantage in legal proceedings, your attorney can help challenge the credibility and sufficiency of the evidence against you.

In situations involving multiple parties, your attorney can gather evidence to prove mistaken identity and demonstrate that you were incorrectly identified as the perpetrator. Your lawyer will also examine whether your constitutional rights were violated during the investigation, such as through unlawful searches and seizures, coerced confessions, or denial of legal representation.

Speak to a Washington Criminal Defense Lawyer Today

A domestic violence charge involving false imprisonment or harassment can threaten everything you’ve worked for: your freedom, your family relationships, and your future opportunities. You need an attorney who understands how domestic cases can spiral from misunderstandings into serious criminal charges. 

Mark S. Treyz has helped numerous clients navigate these sensitive cases, working to protect their rights while fighting for the best possible outcome. Contact us at (253) 272-8666 to schedule a confidential consultation and learn how our attorney can help defend your case.