Legal Question in Criminal Law in California

Criminal Threats

I presently live in a house with my boyfriend and his brother. Both brothers own 1/3 of the house.(there is one more brother who doesn't live there) The one brother who lives in the house threatened my life. He said he was going to cut my head off. I tape recorded his threats and turned them over to the police dept. All I got was a file number and told that a detective would call me. I also was told to do a civil restraining order, I'm in the process. What I want to know can the judge order him to move out of the house either though he is a partial owner in the property in which we live at? I need to know because we he get wind of the fact I am filing a restraining order the violence could start up again. I have no where else to go. Please help...ASAP Thank-you


Asked on 12/22/07, 9:10 pm

2 Answers from Attorneys
Allen Farshi Law Offices of Allen Farshi

Re: Criminal Threats

A stay away order can be a problem given he is a 1/3 owner however the police department can often obtain an emergency restraining order particularly since you had it taped. To expedite you should go down to the police department and talk to the Captain in charge. Also YOU MUST LEAVE IMMEDIATELY.

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Answered on 12/24/07, 2:35 pm
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: Criminal Threats

I am not very clear on what you are thinking. You live with someone who threatens to cut off your head. With all due respect and, sincerely, please GET OUT!

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Answered on 12/22/07, 10:05 pm


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