Sunday, February 7, 2010

Another question about False Imprisonment under North Carolina law...please answer if you KNOW!!!?

Thank you all for answering my previous question about False Imprisonment. For those of you who need a synopsis of my motives for asking this, basically, it's a case where my friend wants to go to Church, and the husband blocks the doorway of the bedroom and confines her against her will so she doesn't go. After 20 minutes or so, after cohercing her into saying ';ok, fine, I won't go to church';, he lets her out of the room, but is behind her all the time to make sure she doesn't ';run out'; of the house. He'll go and guard the front door, or the back door of the trailer (they live in a trailer).





So, several of you answered that this DOES, in fact, constitute a case of False Imprisonment.





My next question would be: Under North Carolina law, would this constitute a case of False Imprisonment? How could I find out?





ThanksAnother question about False Imprisonment under North Carolina law...please answer if you KNOW!!!?
http://www.eldersafe.net/statutes1.html





Confinement


The abuser/suspect holds another person against his/her will and/or engages in behavior which results in the person’s inability to freely move about or seek assistance. Confinement defined is, “some form of imprisonment within a given area such as a room, a house, or a vehicle.”


(294 N.C. 503)Another question about False Imprisonment under North Carolina law...please answer if you KNOW!!!?
If someone wrongfully prevents someone else from leaving a room, a vehicle, or a building when that person wants to leave, this is false imprisonment. This can apply to family members if the person desiring to leave is an adult.





http://criminal-law.freeadvice.com/viole…
This is a really grey area. The husband's actions are not clear - either he is just exercising his matrimonial rights and trying to make an argument - or he is committing domestic abuse.





Problem here is her fear level. If she is just resigned that she cannot get through the door because he's in the way, that's one thing. If she fears that he will do physical harm to her if she tries to get past him, that's another entirely.





There is no law against being a bully in your own house - although it's good grounds for divorcing the asshole. I think she should get a deputy to escort her to a safe place and never go back.





I do not think this constitutes false imprisonment, though.





- Stuart

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