Intentional Restraint
The state must prove the accused intentionally confined or restrained another person.
Wisconsin Felony Defense Attorney
Avena Law Office, LLC defends false imprisonment charges and serious felony allegations throughout Madison, Dane County, and South-Central Wisconsin.
False Imprisonment in Wisconsin
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
The state must prove the accused intentionally confined or restrained another person.
The prosecution must prove the alleged victim did not consent to the restraint or confinement.
The state must show the accused had no lawful reason or authority for the alleged conduct.
Witness credibility, context, physical evidence, and timelines can become critical defense issues.
Possible Defenses
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
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.
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Do not discuss the allegations without legal guidance. Contact Avena Law Office for a confidential case review.
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Local Defense, Local Courts
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
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.
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.
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.
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.
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.
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.
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No cost, no obligation, and nothing you say leaves this office. Attorney Glenn E. Avena reviews the facts himself and tells you plainly what the charge means, what the deadlines are, and what can be done about it.
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