Unlawful Restraint in Texas: Charges, Penalties & Defenses

Unlawful Restraint in Texas: Charges, Penalties & Defenses

“Unlawful restraint” is a charge that can sound worse than the facts behind it.

In Texas, the law uses broad language—“restrain” and “without consent”—and prosecutors often file this charge after heated arguments, custody disputes, or fast-moving situations where the full context isn’t clear.

How the situation is framed matters.

At the Law Offices of Richard C. McConathy, we defend clients across Dallas–Fort Worth facing unlawful restraint and related charges, and we know where these cases are often overcharged. Allegations like this can overlap with those handled by a Dallas Violent Crime Lawyer, where the difference between charges can significantly impact the outcome.

This guide explains how Texas defines unlawful restraint, the penalties involved, the defenses built into the statute, and how it compares to more serious charges like kidnapping.

What Is Unlawful Restraint Under Texas Law?

Unlawful restraint is defined in Texas Penal Code § 20.02. A person commits the offense if they intentionally or knowingly restrain another person. To understand the charge, the key word is “restrain.” Penal Code § 20.01 defines restrain as restricting a person’s movements without consent in a way that substantially interferes with the person’s liberty by:

• Moving the person from one place to another, or
• Confining the person

Restraint is “without consent” when it is accomplished by force, intimidation, or deception, or when the alleged victim is a child younger than 14 or an incompetent person and the parent, guardian, or person responsible for general care has not given consent. Unlike kidnapping, the statute does not require that the person be moved to a place where help is unlikely or that the offender intended additional harm. The core conduct is the act of holding someone against their will.

How Unlawful Restraint Is Classified

Penalties depend on who was restrained and the circumstances of the offense:

• Class A misdemeanor (default): Up to 1 year in jail and a fine up to $4,000.
• State jail felony: When the person restrained is a child younger than 17. Punishable by 180 days to 2 years in state jail and a fine up to $10,000.
• Third-degree felony: When the actor recklessly exposes the restrained person to a substantial risk of serious bodily injury, restrains a public servant in the lawful discharge of an official duty, or commits the offense while in custody. Punishable by 2 to 10 years in prison and a fine up to $10,000.

Even at the misdemeanor level, the conviction creates a record that can interfere with employment, professional licensing, and family court matters.

Common Situations That Lead to Charges

Many unlawful restraint cases come from situations that started in a private setting:

• Domestic disputes: Blocking a partner from leaving a room, taking phone or keys, or physically holding a person during an argument.
• Custody conflicts: Refusing to let a parent or grandparent leave with a child, or moving a child without permission.
• Workplace incidents: Holding a person in an office or back room beyond what reasonable detention allows.
• Retail loss prevention: Detentions that exceed the “shopkeeper’s privilege” authorized by Texas law.
• Friend or roommate disputes: Locking someone in a vehicle or apartment after a heated argument.

Each of these scenarios can support a misdemeanor charge or, depending on the facts, a felony charge.

Unlawful Restraint vs. Kidnapping vs. Aggravated Kidnapping

Texas treats these offenses as a graduated series, and prosecutors often file multiple counts to give themselves negotiating leverage.

• Unlawful Restraint (§ 20.02): Restricting another person’s movement without consent. The least severe of the three.
• Kidnapping (§ 20.03): Intentionally or knowingly abducting another person. “Abduct” means to restrain a person with intent to prevent liberation by either secreting or holding the person where they are not likely to be found, or using or threatening to use deadly force. Generally a third-degree felony.
• Aggravated Kidnapping (§ 20.04): Kidnapping with one of several aggravating factors, including using or threatening deadly force, holding the person for ransom or as a hostage, or intending to inflict bodily injury or sexual abuse. Generally a first-degree felony.

The line between unlawful restraint and kidnapping often hinges on intent and the place of restraint. A skilled defense can challenge whether the conduct rises to the higher offense.

Affirmative Defenses Built Into the Statute

Penal Code § 20.02 includes several affirmative defenses that a defendant may raise:

• The person restrained was a child younger than 14, the actor was a relative, and the actor’s sole intent was to assume lawful control of the child.
• The actor was a peace officer or special investigator performing a lawful duty.
• The actor was acting under a judicial order authorizing the restraint.

These defenses must usually be raised and proved by the defense rather than the state. They can apply in custody disputes, child welfare situations, and cases involving private security.

Common Defense Strategies

Beyond the statutory affirmative defenses, several defense themes appear regularly:

• Consent: The other person agreed to the conduct, or the apparent restraint was understood as voluntary.
• No substantial interference with liberty: Brief contact during an argument may not rise to the statutory definition of restraint.
• No intent or knowledge: Mistakes about the alleged victim’s age, identity, or willingness can negate required mental state.
• Mistaken or biased witnesses: False accusations during divorce, custody, or business disputes are common.
• Constitutional challenges: Statements obtained without Miranda warnings, unlawful searches, or improper identification procedures may be excluded.

A strong defense often combines factual investigation, careful witness interviews, and motion practice well before trial.

What to Do If You Are Accused

If you have been accused or arrested for unlawful restraint:

• Do not contact the alleged victim. Even neutral messages can be used as evidence and may violate a protective order.
• Preserve text messages, voicemails, and video. Delete nothing.
• Identify witnesses early. Memories fade quickly.
• Decline to give a recorded statement before consulting an attorney.
• Speak with our attorneys to coordinate the criminal case with any related family or civil case.

Coordinated defense matters when the same conduct may appear in family court, in a protective order proceeding, and in the criminal case at the same time.

Why Choose the Law Offices of Richard C. McConathy

Our firm has more than 35 years of criminal defense experience in the Dallas–Fort Worth region. We have defended clients in unlawful restraint, kidnapping, family violence, and assault cases across 16 counties in North Texas. If your case involves allegations of violence—such as assault, unlawful restraint, or kidnapping—it’s important to speak directly with a Dallas Violent Crime Lawyer who understands how these charges are prosecuted and defended in North Texas. For other criminal matters—or if you’re unsure how your case will be classified—our Criminal Defense Lawyer Dallas can review your situation and guide you on the best next step. Contact us today for a free consultation.

Frequently Asked Questions

What is unlawful restraint in Texas?

Unlawful restraint is the offense of intentionally or knowingly restricting another person’s movement without consent so that it substantially interferes with their liberty. It is defined in Texas Penal Code § 20.02.

Is unlawful restraint a felony or misdemeanor?

It is a Class A misdemeanor by default, but it becomes a state jail felony when the alleged victim is a child younger than 17 and a third-degree felony in certain aggravating circumstances.

How is unlawful restraint different from kidnapping?

Kidnapping requires that the person be abducted, meaning that they were restrained with intent to prevent liberation by secreting them or by using or threatening deadly force. Unlawful restraint requires only the act of restraint without consent.

Can a parent be charged with unlawful restraint of their own child?

It is possible, particularly in custody disputes. However, the statute provides an affirmative defense for relatives whose sole intent was to assume lawful control of a child younger than 14. The facts and the family court orders involved are usually critical.

Will an unlawful restraint conviction stay on my record?

A conviction generally remains on the record permanently. Some non-conviction outcomes, such as deferred adjudication completed successfully, may be eligible for an order of nondisclosure under Texas Government Code rules. Eligibility varies by offense level and prior history.