Legal Question in Criminal Law in California
threats on life
what can i do if my exhusband is refusing to let me see my children and if i do he will kill me ? and do i have to live in the same county to go to the police about it?
2 Answers from Attorneys
Re: threats on life
Most communities have a domestic violence help center. Ask the local police for contact information. You can file for a domestic violence restraining order. Generally that would be done in the same case as the divorce. This prevents the possibility of the conflicting orders.
Re: threats on life
Threatening to kill someone is a serious crime. Report these threats to the local police where your ex lives. The fact that you do not live in the same locale does not matter.
Also, discuss this with the lawyer who represented you in your divorce and have her tell the court what your ex-husband is doing. If you didn't have a lawyer you may want to get one now. If you can't afford one you will have to do this yourself, and I suggest re-posting your question under family law to get some guidance from experts in that field.
You should probably also get a restraining order. I'm not sure whether this should be done as part of the divorce case or whether you will need to file a separate action; here again, I recommend re-posting your question under family law.
[My answer presumes that the judge who handled your divorce gave you visitation rights. If he didn't then your ex-husband is well within his rights to refuse to let you visit with the children. This would not give him the right to threaten to kill you, but whatever led the judge to deny you visitation would probably also be relevant to assessing your ex's conduct.]
Good luck.
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