Unlawful restraint occurs whenever an individual is held somewhere against their will and expressed consent. The restraint has to be unlawful, in other words against the law, and must impact on the individuals liberty and freedom. Depending on where the event occurred unlawful restraint can be a misdemeanor up to a felony and the sentence can range from three or more years in jail to fines of $500 dollars or more or both. Typically there are several situations that are considered when pressing charges for unlawful restraint. The first is if the alleged victim even gave consent to the restraint, or if the individual that was accused of restraint was acting as a guardian or parent. For instance, a parent may confine their own child to a room without being guilty of unlawful restraint but if they did the similar action to the child's friend they would be. In addition in some situations if the individual being restrained can be proven to be a danger to self or others and the restraint was only done until authorities could arrive this is likely not a charge. In some situations if law enforcement acts incorrectly or doesn't follow correct procedure during an arrest they may also be guilty of unlawful restraint.