Unlawful restraint in Texas is a serious charge that can range from a misdemeanor to a felony depending on who was restrained and how it happened. If you or or someone you love has been charged in Fort Bend County, the decisions you make in the next 24 hours can shape everything that follows.
Why Fort Bend County Defendants Trust Varghese Summersett
Varghese Summersett is one of Texas’s most respected criminal defense firms, with more than 100 years of combined legal experience. The firm has achieved more than 1,600 dismissals and over 800 charge reductions for clients across the state.
Leading the firm’s Houston and Fort Bend County operations is Mike Hanson, Senior Counsel and Area Lead. Mike is Board Certified in Juvenile Law and brings more than a decade of experience as a prosecutor, military lawyer, and criminal defense attorney. He has tried more than 60 cases before a jury. Critically for Fort Bend County clients, Mike previously served as an Assistant District Attorney in Fort Bend County — meaning he knows exactly how prosecutors in this jurisdiction build and pursue these cases. He also serves in the United States Army Reserve JAG Corps.
The firm’s attorneys have been featured in national media, named to Super Lawyers and Best Lawyers in America, and numerous other publications. Varghese Summersett maintains offices in Fort Worth, Dallas, Houston, and Southlake, and takes calls around the clock.
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What Is Unlawful Restraint in Texas?
Under Texas Penal Code § 20.02, a person commits unlawful restraint by intentionally or knowingly restraining another person without their consent. “Restrain” means restricting someone’s movements so as to interfere substantially with their liberty — either by moving them from one place to another or by confining them where they are.
This charge comes up in a wide range of situations: domestic disputes, arguments that escalate physically, disputes over children, road rage incidents, and more. The charge does not require that the person was physically injured. Preventing someone from leaving a room or blocking a car from driving away can be enough.
What Does “Without Consent” Mean?
Consent is absent when it is induced by force, threat, or deception. If the person agreed to remain but only because they were threatened with harm, that does not count as consent under the law. The State must prove the victim did not freely choose to stay or go.
How Is This Different from Kidnapping?
Unlawful restraint and kidnapping are closely related charges under Texas law. The key difference is intent: kidnapping requires that the person acted with intent to prevent the victim’s liberation by secreting or holding them in a place not likely to be found, or using or threatening deadly force. Unlawful restraint is the lesser charge when those additional elements are absent. Prosecutors sometimes charge both and let a jury sort it out.
Elements the State Must Prove
This is a criminal charge. The State bears the burden of proof — you have no obligation to prove your innocence. To convict, the prosecution must establish each of the following elements beyond a reasonable doubt:
- The defendant intentionally or knowingly acted
- The defendant restrained another person
- The restraint was without the other person’s consent
If the State cannot prove every element beyond a reasonable doubt, the defendant must be acquitted. That standard is the highest in our legal system, and it is the foundation of every defense strategy.
Penalties for Unlawful Restraint in Texas
The base charge under Texas Penal Code § 20.02 is a Class A misdemeanor, punishable by up to one year in county jail and a fine of up to $4,000.
The charge elevates significantly based on circumstances:
- State jail felony — if the actor recklessly exposed the victim to a substantial risk of serious bodily injury. Punishment: 180 days to 2 years in a state jail facility and up to a $10,000 fine.
- Third-degree felony — if the person restrained was under 17 years of age. Punishment: 2 to 10 years in prison and up to a $10,000 fine.
Beyond incarceration and fines, a conviction can result in a permanent criminal record, difficulty finding employment or housing, consequences for immigration status, and complications in family law matters involving children. Felony convictions also carry the loss of certain civil rights, including the right to possess a firearm.
Typical Bond Amounts for Unlawful Restraint in Fort Bend County
Based on an analysis Varghese Summersett completed of over 10,241 bonds set in Fort Bend County in 2025:
| Charge | Cases Analyzed | Average Bond | Most Common Bond |
|---|---|---|---|
| Unlawful Restraint (§ 20.02(c)) | 36 | $4,791.67 | $1,000.00 |
Bond amounts can vary widely depending on the defendant’s criminal history, ties to the community, and the specific facts of the case. A judge may also impose conditions of bond, such as no contact with the alleged victim. An attorney can argue for a lower bond or more favorable conditions at an arraignment hearing.
Common Defenses to Unlawful Restraint
Every element of this charge is a potential target for the defense. A skilled attorney will analyze the facts and determine which approach — or combination of approaches — gives you the best chance at a favorable outcome.
Consent
If the alleged victim agreed to stay or willingly participated in the circumstances at issue, no unlawful restraint occurred. The defense will examine text messages, witness statements, and any prior relationship between the parties that might show consent.
No Substantial Interference
The restraint must interfere substantially with the person’s liberty. A brief, momentary restriction — being blocked for seconds during a heated argument, for example — may not meet that threshold. The facts matter.
Lawful Authority
Texas law recognizes that certain restraints are lawful. A parent exercising reasonable discipline over a minor, a person making a citizen’s arrest under specific circumstances, or an employer-employee situation with appropriate boundaries can give rise to a defense. This must be carefully evaluated based on the specific facts.
Misidentification or False Accusation
These charges are sometimes lodged in the context of contentious domestic situations or custody disputes. If the accusation is false or the identification of the defendant is mistaken, the defense will work to expose those inconsistencies through witness interviews, surveillance footage, and other evidence.
Lack of Intent
The offense requires intentional or knowing conduct. If the defendant did not have the mental state required — for example, if the restriction of movement was accidental or the result of a misunderstanding — the State cannot meet its burden.
The Legal Process in Fort Bend County
Unlawful restraint cases in Fort Bend County are handled at the Fort Bend County Justice Center in Richmond, Texas. Misdemeanor cases are assigned to County Courts at Law; felony cases are assigned to one of the District Courts.
Here is what you can generally expect after an arrest:
- Arrest and booking — The defendant is booked into the Fort Bend County Jail. A bond is set, either by a magistrate or according to a bond schedule.
- Arraignment — The defendant appears before a judge and is formally advised of the charges. Bond conditions are set or reviewed.
- Case investigation and discovery — Your attorney requests all evidence the State intends to use: police reports, body cam footage, witness statements, 911 recordings, and more. This phase is critical.
- Pretrial hearings and motions — Your attorney may file motions to suppress evidence, challenge the constitutionality of the arrest, or seek dismissal if the State’s evidence is insufficient.
- Plea negotiations or trial — Many cases resolve through negotiated pleas that result in reduced charges or lesser punishment. If a deal is not in your interest, the case goes to a jury trial at the Fort Bend County Justice Center.
The timeline for resolution varies. Misdemeanor cases can move relatively quickly; felony cases often take six months to over a year depending on the complexity of the evidence and court docket. Having an experienced attorney at your side from the beginning — before you say anything to investigators — is the most important step you can take.
If you are facing related charges such as assault in Fort Bend County, those cases will move through the same court system and may be handled in tandem with this charge.
What to Expect From Varghese Summersett
When you hire Varghese Summersett for an unlawful restraint case in Fort Bend County, you get a team that takes your case seriously from the first phone call. Mike Hanson has a deep familiarity with Fort Bend County courts — including time spent on the other side of the courtroom as a prosecutor in this jurisdiction.
The firm’s process begins with a thorough review of all evidence. Your attorney will identify weaknesses in the State’s case, challenge any evidence obtained unlawfully, and explore every avenue toward dismissal or reduction before considering a plea. If trial is the right path, Varghese Summersett has the trial experience to see it through — the firm’s attorneys have tried hundreds of cases before Texas juries.
You will have access to your legal team throughout the process. The firm’s Fort Bend criminal defense attorneys maintain clear communication with clients and their families, because facing charges is stressful enough without being kept in the dark.
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Frequently Asked Questions
Can unlawful restraint charges be dropped in Fort Bend County?
Yes. Charges can be dismissed if the evidence is insufficient, if a key witness is unwilling to cooperate, if the defendant’s conduct did not meet the legal threshold for restraint, or if an attorney successfully challenges the legality of the arrest or evidence. The earlier you retain an attorney, the more options you have.
Is unlawful restraint a felony in Texas?
It can be. The base charge is a Class A misdemeanor. It becomes a state jail felony if the victim was recklessly exposed to a substantial risk of serious bodily injury, and a third-degree felony if the victim was under 17 years of age.
What is the difference between unlawful restraint and false imprisonment?
In Texas, “false imprisonment” is not a separate criminal offense — it is a civil tort concept. The criminal charge is unlawful restraint under Penal Code § 20.02. A victim could potentially pursue a civil claim for false imprisonment alongside or after criminal proceedings, but the criminal charge you face is unlawful restraint.
Will an unlawful restraint conviction stay on my record permanently?
A conviction will remain on your record unless it is later expunged or sealed. Under Texas law, some deferred adjudication outcomes may be eligible for a nondisclosure order, which limits who can see the record. Discussing record-clearing options with your attorney should happen before any plea is entered, since some dispositions will not qualify for expunction or nondisclosure.
Can I be charged with unlawful restraint for something that happened during a domestic dispute?
Yes, and these charges are common in domestic situations. Even preventing someone from leaving a room or blocking an exit during an argument can form the basis of a charge. These cases often come with additional family violence enhancements or protective orders, which can complicate the outcome. An attorney experienced in both criminal defense and family violence cases is essential. Learn more about assault defense in Fort Bend County and how related charges interact.
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Speak With a Fort Bend County Defense Attorney Today
An unlawful restraint charge in Fort Bend County deserves an immediate, serious response. Varghese Summersett has attorneys who know these courts, have prosecuted and defended these cases, and are available to answer your questions. Reach out now to schedule your free consultation — the conversation is confidential and there is no obligation.
