Unlawful restraint is the charge that covers restricting someone’s movement without the more severe elements required for kidnapping — and it comes up far more often than people expect, especially in domestic disputes and arguments that got physical without ever becoming an abduction. A Houston unlawful restraint lawyer can explain exactly where the legal line sits.
What the Charge Covers
- Restricting movement without consent: Intentionally or knowingly restricting another person’s movements without their consent, in a way that substantially interferes with their liberty, by moving or confining them.
- No secreting or deadly force required: Unlike kidnapping, this charge doesn’t require hiding the person or threatening deadly force — which is exactly why it’s a lower-level offense.
How Texas Punishes It
- Class A misdemeanor: Up to one year in jail and a fine of up to $4,000 for the standard offense.
- State jail felony: Applies when the alleged victim is younger than 17, or is elderly or disabled.
Where These Cases Are Defended
Whether there was actual restriction of movement — as opposed to a heated argument where someone simply didn’t leave — and whether consent existed, are the recurring questions in these cases. Family and relationship context matters enormously to how a jury sees these facts.
Charged With Unlawful Restraint? Contact Blass Law Now
Contact Blass Law for a confidential case evaluation or call (713)-664-4000 to start building your defense today.
Related Charges
- Kidnapping
- Robbery
- Injury to a Child, Elderly, or Disabled Person
- Aggravated Assault
- All Criminal Defense Practice Areas
Reviewed by Jay Blass Cohen, founder of Blass Law PLLC — ACS-CHAL Forensic Lawyer-Scientist, certified Drug Recognition Expert, and SFST instructor, serving Houston since 2009. This article is general information, not legal advice for your situation. Prior results do not guarantee a similar outcome.