Legal Question in Criminal Law in California

Old case - new threat
My husband was found guilty of extortion over 11 years ago. His son's mother attempted to testify giving false info but the judge read into it and kicked her out of the courtroom. The main guy in the case threatened my husbands as well as his son's life during the trial (11-years ago) because my husband wouldn't lie for him. My husband & I got custody of the child 2 years ago and have been in & out of custody court. Judge insists child remains with us and the mother is angry and a compulsive liar. She recently stated to my husband that this person is contacting her looking for my husband. We don't know that this person is even out of jail yet, and doubt this person could of contacted her due to several moves & phone numbers over past years. She was convicted of domestic abuse 3 years ago and we have a restraining order against her. My husband took her comment as a threat that she will tell this person our wherabouts. Is she guilty of any crime, or of violating her restraining order. We have numerous problems with her and wouldn't put it past her to give this guy our information. I've never been in trouble with the law and am scared. What can we do?

Asked on 5/26/05, 12:44 pm

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

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Re: Old case - new threat

Whether she violated the restraining order depends upon what the restraining order says, and your question is silent about this.

I'm not sure why your husband considers her message a threat. It sounds like all she said was that the other person asked her where your husband lives, and her statement does not logically imply that she is going to reveal his address. Was there more to her message than you have described? If her statement was true and if this is all she said then she hasn't committed a crime that I can see.

You can tell the police about what happened, and if she has committed a crime and/or violated the restraining order they might arrest her. If she violated the order and they don't arrest her, your only recourse would probavly be to ask the court to hold her in contempt.

Answered on 5/26/05, 1:10 pm

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