Unlawful Restraint and Domestic Violence

 Posted on October 15, 2024 in Violent Crimes

Domestic violence is a criminal offense everyone has heard of. It means violence against a spouse, family member, or dating partner. Even a very minor assault, like a light push, can be treated as domestic violence. You might not have heard of the crime of unlawful restraint, at least until you were charged with it. Unlawful restraint is exactly what it sounds like - interfering with someone’s freedom of movement without a lawful reason. Domestic violence and unlawful restraint are often charged at the same time because it is very common for one person to restrain the other during a domestic dispute. An experienced Houston, TX domestic violence lawyer can help if you have been charged with unlawful restraint or other assaultive offenses.

Restraint As a Means of Preventing Violence

Many men would say that if a woman tried to hit him, he would restrain her instead of fighting back. While restraining the person who is assaulting you is generally a good way to prevent the situation from escalating and someone from getting hurt, it can also lead to criminal charges. If the police arrive and you have no evidence that your partner was attacking you when you restrained her, you may well get arrested.

It is then up to your lawyer to prove that you had a lawful reason for using restraint - self-defense. It is important to get in touch with an attorney immediately while evidence like scratches on your body can still be documented.

Preventing a Partner From Walking Away During a Fight 

During a domestic dispute, it is very common for one party to try to leave the residence or go to another part of the house without being followed. Physically preventing her from doing so can lead to unlawful restraint charges. Actions that might constitute unlawful restraint in this situation include: 

• Pushing your partner back into a chair and holding her there when she tries to get up and leave. 
• Grabbing your partner by the wrist as she tries to walk away and refusing to let her walk away from you. 
• Blocking the doorway so your partner cannot exit the room or house. 
• Locking the car doors so your partner cannot get out or refusing to stop the car so she can exit. 
• Threatening to hurt your partner if she leaves the house.

Unlawful restraint is usually a misdemeanor charge in Texas.

Contact a Houston, TX Defense Lawyer 

Murphy & McKinney Law Firm, P.C. provides aggressive representation to people who are charged with assaultive offenses. Experienced Harris County, TX domestic violence attorney Doug Murphy will do all he can to protect your freedom and future prospects. Contact us at 713-229-8333 for a complimentary consultation.