Denton County Unlawful Restraint Lawyer | Free Consult

If you’re charged with unlawful restraint in Denton County, you’re facing a serious accusation that could result in jail time, fines, and a permanent criminal record. This charge involves intentionally or knowingly restricting someone’s movement without their consent. What started as an argument or misunderstanding can quickly escalate into a criminal case that threatens your freedom and your future.

The fear of what comes next is real. You’re worried about jail, about losing your job, about what this means for your family. You’re wondering if you can fight this charge and what options you have. The good news is that unlawful restraint cases can be defended, and the right Denton County unlawful restraint lawyer can make the difference between a conviction and a dismissal.

At Varghese Summersett, we’ve handled hundreds of assault and restraint cases across Texas. We know how these charges work, how prosecutors build their cases, and how to challenge the evidence against you. If you’ve been arrested for unlawful restraint in Denton County, don’t wait. The decisions you make right now will shape the outcome of your case.

What Is Unlawful Restraint?

Unlawful restraint happens when you restrict another person’s movement without their consent. This doesn’t require physical force or violence. Simply blocking someone from leaving a room, holding a door shut, or grabbing someone’s arm to prevent them from walking away can be charged as unlawful restraint if the other person did not agree to be held.

The charge often arises in domestic situations. A couple is arguing, one tries to leave, and the other prevents them from going. What felt like an emotional moment becomes a criminal case. Police are called, arrests are made, and suddenly you’re facing charges that could alter your life.

Unlawful restraint is different from kidnapping. Kidnapping involves moving someone against their will or hiding them with the intent to harm, hold them for ransom, or use them as a shield. Unlawful restraint is less severe but still carries serious consequences.

What Unlawful Restraint Means Under Texas Law

Under Texas Penal Code § 20.02, a person commits unlawful restraint if they intentionally or knowingly restrain another person. The statute defines “restrain” as restricting a person’s movements without consent, so as to interfere substantially with their liberty, by moving the person from one place to another or by confining the person.

Consent is a key element. If the alleged victim agreed to stay or to be held, there is no unlawful restraint. Prosecutors must prove that you acted without the other person’s consent and that you knew your actions were restricting their freedom.

The charge can be enhanced if the person restrained is under 17 years old. This makes the offense a third-degree felony instead of a misdemeanor, which carries much harsher penalties.

Penalties for Unlawful Restraint in Texas

Unlawful restraint is typically a Class A misdemeanor in Texas. This carries the following penalties:

• Up to one year in county jail
• A fine of up to $4,000
• Probation
• A permanent criminal record

If the person restrained is under 17 years old, the offense becomes a third-degree felony under Texas Penal Code § 20.02(c)(1). A third-degree felony carries:

• 2 to 10 years in prison
• A fine of up to $10,000

If the charge involves serious bodily injury or if you used or exhibited a deadly weapon, the penalties escalate further. A conviction for unlawful restraint also brings collateral consequences. You may face difficulty finding employment, securing housing, or obtaining professional licenses. If the charge involves a family member, it could affect custody and visitation rights. These consequences can last long after you’ve served your sentence.

What to Expect When You’re Charged with Unlawful Restraint

If you’re charged with unlawful restraint in Denton County, the case will likely start with an arrest. Police may arrive at the scene, interview witnesses, and take statements. If they have probable cause to believe you committed unlawful restraint, they will arrest you and take you to the Denton County Jail.

You’ll be booked, fingerprinted, and photographed. A magistrate will set your bond, which determines whether you can be released while your case is pending. The bond amount depends on the severity of the charge, your criminal history, and whether the alleged victim was a minor. Based on data from neighboring Tarrant County, the most common bond for standard unlawful restraint charges was $1,000, while cases involving minors had average bonds of $16,250.

After your release, you’ll receive a court date for your arraignment. At the arraignment, you’ll be formally charged, and you’ll enter a plea. This is also when your lawyer can begin negotiating with the prosecutor. In many cases, early intervention by an experienced criminal defense attorney can lead to reduced charges or dismissal before the case goes to trial.

If your case goes to trial, the prosecution must prove beyond a reasonable doubt that you knowingly and intentionally restrained the alleged victim without consent. Your lawyer will challenge their evidence, cross-examine their witnesses, and present your defense. The outcome depends on the strength of the evidence and the skill of your legal team.

Common Defenses to Unlawful Restraint

Unlawful restraint cases are highly defensible. The charge requires proof of intent, lack of consent, and substantial interference with another person’s liberty. Each of these elements can be challenged.

One common defense is consent. If the alleged victim agreed to stay or to be held, there is no crime. This often comes up in domestic situations where both parties are emotional and statements are exaggerated. Text messages, witness statements, or video evidence can show that the alleged victim consented to the interaction.

Another defense is lack of intent. Unlawful restraint requires that you knowingly and intentionally restricted the other person’s movement. If the contact was accidental, if you were acting in self-defense, or if you were trying to prevent harm to yourself or someone else, you may not have the required intent.

False accusations are also common in unlawful restraint cases. These charges often arise in domestic disputes where emotions are high and one party wants to gain an advantage in a custody battle or divorce. If the alleged victim has a motive to lie, your lawyer can expose inconsistencies in their story and undermine their credibility.

In one case we handled in September 2025, our client was charged with unlawful restraint with serious bodily injury. The prosecution alleged that our client had restrained the alleged victim and caused harm. We challenged the evidence, demonstrated inconsistencies in the alleged victim’s account, and showed that the charges were exaggerated. The case was ultimately resolved favorably, and our client avoided a felony conviction.

Why Police Are Called in Unlawful Restraint Cases

Unlawful restraint charges often begin with a 911 call. Someone witnesses an argument, hears shouting, or sees one person physically holding another. Police arrive to investigate, and they must make a decision about whether to arrest anyone.

In domestic violence cases, Texas law requires police to make an arrest if they have probable cause to believe that family violence occurred. This means that even if both parties say they don’t want anyone arrested, police may still take someone into custody. The decision is often based on who appears to be the primary aggressor, who has visible injuries, or who called 911 first.

Once police are involved, the case is in the hands of the prosecutor, not the alleged victim. Many people believe that if the alleged victim recants or refuses to cooperate, the case will be dismissed. This is not true. Prosecutors can and do move forward with charges even when the alleged victim does not want to press charges. They may use 911 recordings, police body camera footage, or statements from witnesses to build their case.

If you’re facing an unlawful restraint charge, it’s important to understand that once police are involved, the process takes on a life of its own. You need a Denton County unlawful restraint lawyer who knows how to navigate this system and who can fight for your rights from the very beginning.

How Unlawful Restraint Affects Your Record

A conviction for unlawful restraint results in a permanent criminal record. This can affect your ability to find work, rent a home, or obtain professional licenses. Many employers run background checks, and a conviction for a crime involving violence or restraint can disqualify you from certain jobs.

If the charge is classified as family violence, it can also affect your gun rights. Under federal law, anyone convicted of a misdemeanor crime of domestic violence is prohibited from owning or possessing firearms. This restriction is permanent and applies even if the conviction is for a misdemeanor.

In some cases, you may be eligible for deferred adjudication. This is a type of probation where you plead guilty or no contest, complete the terms of probation, and then have the case dismissed. While this avoids a conviction, it still creates a record of the arrest and charge, which can show up on background checks. Additionally, deferred adjudication for family violence offenses may still result in the loss of gun rights.

The best outcome is to avoid a conviction altogether. This can be done through a dismissal, a reduction to a lesser charge, or an acquittal at trial. An experienced criminal defense lawyer can help you achieve the best possible result.

What Happens If the Alleged Victim Wants to Drop the Charges?

Many people charged with unlawful restraint believe that if the alleged victim recants or refuses to cooperate, the case will go away. This is a common misconception. Once the state files charges, the decision to proceed is up to the prosecutor, not the alleged victim.

Prosecutors can move forward with the case even if the alleged victim does not want to testify. They may use 911 recordings, police reports, photos of injuries, or statements made at the scene to build their case. In some cases, they may even subpoena the alleged victim and force them to testify.

That said, the alleged victim’s cooperation does matter. If they refuse to testify or if they recant their statement, it becomes much harder for the prosecutor to prove their case. A skilled defense lawyer can use this to your advantage, negotiating a dismissal or a reduction to a lesser charge.

If you’re hoping that the alleged victim will drop the charges, don’t count on it. Focus on building a strong defense and working with a lawyer who knows how to fight these cases.

Unlawful Restraint vs. Kidnapping: What’s the Difference?

Unlawful restraint and kidnapping are related offenses, but they are not the same. Kidnapping is a much more serious charge that involves abducting or confining someone with specific intent, such as to hold them for ransom, use them as a shield, or facilitate another crime.

Unlawful restraint, on the other hand, simply involves restricting someone’s movement without their consent. It does not require any additional intent beyond the act of restraining the person. This makes it a less severe offense, but it is still a serious criminal charge.

The penalties for kidnapping are much harsher. Kidnapping is typically a third-degree felony, carrying 2 to 10 years in prison. If the victim is under 17 or if the kidnapping involves serious bodily injury, it can be charged as a first-degree felony, with penalties of 5 to 99 years in prison.

If you’re charged with unlawful restraint, it’s important to understand the difference and to make sure the charge is not improperly elevated to kidnapping. A skilled defense lawyer will scrutinize the facts of your case and challenge any attempt to overcharge you.

What to Expect From Varghese Summersett

At Varghese Summersett, we’ve built our reputation on aggressive, effective criminal defense. We have a team of over 70 legal professionals across four Texas offices, and we’ve secured more than 1,600 dismissals and 800 charge reductions. Our lawyers have tried hundreds of cases to verdict, and we’re not afraid to take your case to trial if that’s what it takes to protect your rights.

When you hire us, we start by investigating your case. We review police reports, witness statements, and any video or audio evidence. We look for inconsistencies, violations of your rights, and weaknesses in the prosecution’s case. We also look for evidence that supports your defense, such as text messages, social media posts, or witness testimony that contradicts the alleged victim’s account.

We negotiate with prosecutors to get charges reduced or dismissed whenever possible. We know the local prosecutors in Denton County, and we know how to present your case in the best possible light. If a favorable resolution cannot be reached, we prepare your case for trial and fight to win an acquittal.

Our goal is to protect your freedom, your record, and your future. We understand what’s at stake, and we treat every case with the urgency and attention it deserves. From the moment you hire us, we’re working to get you the best possible outcome. Past results do not guarantee future outcomes, but our track record speaks for itself.

Frequently Asked Questions

Can I be charged with unlawful restraint if the person agreed to stay?

No. Unlawful restraint requires that you restrained the person without their consent. If the alleged victim agreed to stay or to be held, there is no crime. Consent is a key defense in these cases, and your lawyer can present evidence such as text messages, witness statements, or video footage to show that the alleged victim consented.

What if the alleged victim wants to drop the charges?

The decision to drop charges is up to the prosecutor, not the alleged victim. However, if the alleged victim refuses to cooperate or recants their statement, it becomes much harder for the prosecutor to prove their case. Your lawyer can use this to negotiate a dismissal or a reduction to a lesser charge.

Will I go to jail for unlawful restraint?

It depends on the facts of your case, your criminal history, and the outcome of your case. If you’re convicted of a Class A misdemeanor unlawful restraint, you could face up to one year in jail. If the charge is enhanced to a felony, you could face 2 to 10 years in prison. However, many unlawful restraint cases are resolved without jail time through deferred adjudication, probation, or dismissal.

How much will bond cost for an unlawful restraint charge?

Bond amounts vary depending on the severity of the charge and your criminal history. Based on data from neighboring Tarrant County, the most common bond for standard unlawful restraint charges was $1,000, while cases involving minors had average bonds of $16,250. Your lawyer can petition the court to reduce your bond if it is set too high.

Can I lose my gun rights if I’m convicted of unlawful restraint?

Yes. If the unlawful restraint charge is classified as a family violence offense, a conviction can result in the loss of your gun rights under federal law. This applies even if the offense is a misdemeanor. If you’re a gun owner, it’s important to fight the charge aggressively to avoid this consequence.

Take the First Step Today

If you’ve been charged with unlawful restraint in Denton County, time is not on your side. The decisions you make right now will determine the outcome of your case. Don’t try to handle this alone, and don’t assume that the charges will just go away. The prosecution is building their case against you, and they will not give you the benefit of the doubt.

At Varghese Summersett, we’ve spent years defending people charged with assault, restraint, and domestic violence offenses. We know how to fight these cases, and we know how to win. Call us today at (817) 203-2220 for a free consultation. We’ll review your case, explain your options, and start building your defense. Your freedom and your future are worth fighting for.