Avena Law Office, LLC · Madison, Wisconsin

Avena Law Office, LLC

Arrested or cited? A Wisconsin refusal hearing must be requested in 10 days. Call 608.271.2271 for a free consultation.

Wisconsin Felony Defense Attorney

Madison False Imprisonment Defense Lawyer

Avena Law Office, LLC defends false imprisonment charges and serious felony allegations throughout Madison, Dane County, and South-Central Wisconsin.

Felony DefenseStrategic defense for serious charges with prison and record exposure.
Evidence ReviewCareful analysis of consent, restraint, witness statements, and police reports.
South-Central WisconsinServing Madison, Dane County, and surrounding Wisconsin counties.

False Imprisonment in Wisconsin

Serious Charges Require Immediate Defense Strategy

False imprisonment allegations often arise from relationship disputes, domestic incidents, roommate conflicts, workplace events, or situations where one person claims they were restrained or prevented from leaving.

Under Wisconsin Statute 940.30, prosecutors must prove intentional confinement or restraint without consent and without lawful authority. A conviction is a felony and can affect liberty, employment, housing, licensing, and reputation.

Elements and Defense Issues

What the State Must Prove

Intentional Restraint

The state must prove the accused intentionally confined or restrained another person.

Lack of Consent

The prosecution must prove the alleged victim did not consent to the restraint or confinement.

No Lawful Authority

The state must show the accused had no lawful reason or authority for the alleged conduct.

Proof Beyond Doubt

Witness credibility, context, physical evidence, and timelines can become critical defense issues.

Possible Defenses

False Imprisonment Cases Can Turn on Context

Potential defenses may include consent, lack of intent, no actual confinement, available means of exit, misunderstanding, unreliable accusations, self-defense, protection of another person, or insufficient evidence. Attorney Glenn E. Avena reviews the facts closely before deciding the best defense path.

Serving Wisconsin Families and Adults

Madison False Imprisonment Lawyer Serving South-Central Wisconsin

Avena Law Office serves clients in Columbia, Dane, Dodge, Fond du Lac, Grant, Green, Green Lake, Iowa, Jefferson, Lafayette, Marquette, Richland, Rock, and Sauk counties.

Free Consultation

Protect Your Future After a False Imprisonment Charge

Do not discuss the allegations without legal guidance. Contact Avena Law Office for a confidential case review.

This website is attorney advertising. Past results do not guarantee future outcomes. Contacting the firm does not create an attorney-client relationship.

A Wisconsin county courthouse courtroom
A Wisconsin county courthouse courtroom. Photograph by McGhiever, CC BY-SA 4.0 via Wikimedia Commons.

Local Defense, Local Courts

Your case is heard here, by people who work here

Avena Law Office, LLC practices out of one Madison office and appears in the courthouses of Dane, Columbia, and the surrounding South-Central Wisconsin counties. Knowing the courtroom, the prosecutors, and how a county actually handles a charge is not a detail. It changes what can be negotiated.

Common Questions

False Imprisonment Charges in Wisconsin, Answered

What counts as false imprisonment in Wisconsin?

Under Wisconsin Statute 940.30, false imprisonment means intentionally confining or restraining another person without that person's consent and knowing you had no lawful authority to do it. No minimum length of time, locked door, or injury is required. Blocking a doorway, holding someone's arm during an argument, or not letting a passenger out of a car can all be alleged as confinement.

Is false imprisonment a felony in Wisconsin?

Yes. False imprisonment under Wisconsin Statute 940.30 is charged as a felony rather than a misdemeanor, so a conviction can carry prison exposure, supervision, and a permanent felony record that affects firearm rights, employment, housing, and professional licensing. Because the consequences reach well beyond the courtroom, these cases are worth examining closely on the evidence instead of resolving quickly to make them go away.

Can I be charged with false imprisonment if nobody was hurt?

Yes. Wisconsin's false imprisonment law, Statute 940.30, focuses on confinement or restraint without consent, not on injury, so a person can face this felony charge even when nobody was hurt and nothing was broken. The absence of any injury still matters to the defense, because it can support a very different account of what actually happened during the incident.

Can the other person drop a false imprisonment charge in Wisconsin?

In Wisconsin the decision to file and pursue charges belongs to the district attorney, not to the person who called police, so a complaining witness cannot simply drop the case. A request not to prosecute can matter, but prosecutors often continue using other evidence such as 911 audio and body camera video. If a no-contact order is in place, never reach out to that person yourself.

What happens with a no-contact order after an arrest in Dane County?

Wisconsin courts routinely impose no-contact conditions as part of bond after an arrest involving alleged confinement or a domestic incident. Violating that condition, even by a single text message or through a friend, can lead to a separate bail jumping charge and to your release being revoked. Conditions can sometimes be changed by motion, but only by the court, never by agreement between the two people.

Should I explain my side to police after a false imprisonment accusation?

You have the right to remain silent and the right to a lawyer, and in a confinement case those rights matter enormously, because intent and consent are proven largely through what people say afterward. Officers taking your statement are not deciding whether to believe you; they are gathering material for the prosecutor. Ask for a lawyer, then call one. Avena Law Office answers at 608.271.2271.

Free Consultation

Talk to Attorney Glenn E. Avena Today

Tell the firm what happened. You will get a straight answer about where the case stands and what can be done next, at no cost and in confidence.

Nothing to lose by asking The first conversation is free, and it is confidential.
You speak with the attorney Glenn E. Avena reviews the facts himself, not an intake screener.
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