Fort Worth Unlawful Restraint Lawyer
Quick Answer
If you have been charged with unlawful restraint in Fort Worth, you are facing a Tarrant County case that ranges from a Class A misdemeanor to a third degree felony depending on who was restrained and the risk involved. The charge means intentionally or knowingly restraining another person without their consent, and it often grows out of a heated domestic argument where one person blocks another from leaving. Most of these cases are won on three points: whether there was really a restraint that substantially interfered with the person’s liberty, whether it was without consent, and, in felony cases, whether the State can actually prove a substantial risk of serious bodily injury. Our Fort Worth criminal defense team handles these cases in the Tarrant County courts and can review yours in a free consultation at (817) 203-2220.
What is unlawful restraint in Texas?
Under Texas Penal Code Section 20.02, a person commits unlawful restraint by intentionally or knowingly restraining another person without their consent. It is the least serious offense in the Penal Code chapter that also covers kidnapping, smuggling, and trafficking, but a conviction still carries jail or prison exposure, a permanent record, and consequences for employment, housing, and firearm rights.
The charge comes up in a wide range of situations: domestic disputes, arguments that turn physical, disagreements over a child, and road rage incidents. It does not require that anyone was physically hurt. Blocking a person from leaving a room or preventing a car from driving away can be enough.
What does “restrain” and “without consent” mean?
“Restrain” means restricting a person’s movements without consent so as to interfere substantially with their liberty, either by moving them from one place to another or by confining them. Restraint is “without consent” when it is accomplished by force, intimidation, or deception. Consent is also absent when the person agreed to stay only because they were threatened. The State must prove the alleged victim did not freely choose to stay or go. See Texas Penal Code Section 20.01 for the definitions.
Penalties for unlawful restraint in Texas
Unlawful restraint is a Class A misdemeanor by default, and it increases to a felony based on who was restrained and the risk created:
- Class A misdemeanor (default): up to one year in the Tarrant County Jail and a fine of up to $4,000.
- State jail felony (person restrained was younger than 17): 180 days to 2 years in a state jail facility and a fine of up to $10,000.
- Third degree felony (the accused recklessly exposed the victim to a substantial risk of serious bodily injury, restrained an on-duty public servant, or acted while in law enforcement custody): 2 to 10 years in prison and a fine of up to $10,000.
The felony version most often litigated is the one based on recklessly exposing the person to a substantial risk of serious bodily injury, sometimes shortened to “expose to SBI.” Whether the risk was “substantial” is a fact question, and prosecutors sometimes file the felony on facts that really support only the misdemeanor. Pushing back on that element, with the real evidence about where, how long, and under what circumstances the restraint happened, is frequently the difference between a felony and a misdemeanor outcome.
Unlawful restraint vs. kidnapping
The difference between unlawful restraint and kidnapping is the element of abduction. To “abduct” means to restrain a person with the intent to prevent their liberation by either hiding them where they are not likely to be found, or using or threatening deadly force. Unlawful restraint involves restricting someone’s movement without consent; kidnapping adds that intent to hide the person or use deadly force, which is why it is treated as more serious. In contested cases the State sometimes overcharges a restraint as a kidnapping, and a careful look at the actual intent and conduct can support reducing the charge.
Elements the State must prove
This is a criminal charge, so the State carries the burden of proof and you have no obligation to prove your innocence. To convict, the prosecution must establish beyond a reasonable doubt that:
- you acted intentionally or knowingly;
- you restrained another person; and
- the restraint was without that person’s consent.
If the State cannot prove every element beyond a reasonable doubt, you are entitled to an acquittal. That standard is the foundation of every defense in these cases.
Common defenses to unlawful restraint
Every element of this charge is a potential target for the defense, and the Penal Code also provides specific affirmative defenses.
- Consent. If the alleged victim agreed to stay or willingly participated, there was no unlawful restraint. Text messages, witness statements, and the history between the parties often show consent.
- No substantial interference. The restraint must interfere substantially with the person’s liberty. A brief, momentary restriction during a heated argument may not meet that threshold.
- Lack of intent. The offense requires intentional or knowing conduct. Accidental or misunderstood contact does not satisfy the statute.
- Lawful authority. It is not an offense to detain or move another person as part of a lawful arrest or detention, and there are statutory affirmative defenses for a relative assuming lawful control of a child 14 or younger, and for limited situations involving a person 14 to 17 years old.
- False accusation. These charges are common in contentious domestic and custody situations, and exposing inconsistencies and motive can undermine the accusation.
The legal process in Tarrant County
Unlawful restraint cases in Fort Worth move through the Tarrant County criminal courts. Misdemeanor cases are handled in the County Criminal Courts, and felony cases are assigned to the Criminal District Courts, with most criminal proceedings taking place at the Tim Curry Criminal Justice Center in downtown Fort Worth. Here is what generally happens after an arrest:
- Arrest and booking. You are booked into the Tarrant County Jail, where a magistrate sets a bond.
- Bond. In an analysis of bonds set in Tarrant County, Varghese Summersett found the most common bond for a standard unlawful restraint charge was $1,000, while cases involving a minor carried an average bond around $16,250. A judge can also impose conditions, such as no contact with the alleged victim.
- Arraignment. You are formally advised of the charge and bond conditions are set or reviewed.
- Investigation and discovery. Your attorney requests the police reports, body camera footage, 911 recordings, and witness statements. This phase is critical.
- Pretrial and resolution. Many cases resolve through negotiated reductions or dismissals; if the offer is not in your interest, the case proceeds toward a jury trial.
A contested felony case in Tarrant County commonly takes several months to a year as it moves through filing, discovery, pretrial settings, and negotiation or trial. If you are also facing a related assault or family violence charge, those cases move through the same courts and are often handled together.
How Varghese Summersett defends unlawful restraint charges in Fort Worth
Our Fort Worth criminal defense attorneys work out of the firm’s Fort Worth headquarters and handle these cases throughout Tarrant County, from misdemeanor filings to felony cases in the district courts. We start by getting the full picture of what actually happened: the witness statements, any recordings or messages, the timeline, and the relationship between the people involved, because these cases so often turn on context the initial police report leaves out.
From there our priorities are to attack the weakest element of the State’s case, to challenge any felony enhancement the facts do not support (especially the exposure to serious bodily injury allegation), and to position the case for the best available outcome, whether that is a dismissal, a reduction from a felony to a misdemeanor, or a resolution that keeps a conviction off your record. Where the facts involve a child or a minor, we account for how that changes both the charge level under the state jail felony provisions and the way the case is handled.
Frequently asked questions
Is unlawful restraint a felony in Texas?
It can be. Unlawful restraint is a Class A misdemeanor by default. It is a state jail felony if the person restrained was younger than 17, and a third degree felony if the victim was recklessly exposed to a substantial risk of serious bodily injury, was an on-duty public servant, or if the accused was in law enforcement custody.
What is the difference between unlawful restraint and false imprisonment?
Texas does not have a separate criminal offense called “false imprisonment.” The conduct people mean by that phrase, holding someone against their will, is prosecuted as unlawful restraint under Penal Code 20.02.
Can I be charged with unlawful restraint over something that happened during a domestic argument?
Yes. These charges are common in domestic situations, and even blocking an exit or preventing someone from leaving a room during an argument can form the basis of a charge. They often come with family violence enhancements or protective orders, so it is important to have an attorney who handles both.
Will an unlawful restraint conviction stay on my record?
A conviction stays on your record unless it is later expunged or sealed, and a family violence finding can also affect firearm rights. Record-clearing options should be discussed before any plea, because some outcomes do not qualify for expunction or nondisclosure.
Charged with unlawful restraint in Fort Worth? Talk to us.
An unlawful restraint charge in Tarrant County deserves an immediate, serious response. Contact Varghese Summersett or call (817) 203-2220 for a free, confidential consultation. We will review your case, explain your options, and start building your defense.