Legal Question in Criminal Law in California
verbal death threats
My father is very wealthy. He and my mother are divorcing and she told him that she will contend for 50% of their assets. He told her in my presence that if he succeeds he will kill them both. I believe he is very serious and even mentally ill, and I fear for my mother and mine and my two brothers' safety when he and my mom argue. Is there anything we can do legally? I feel that he will only be more motivated to murder if we bring the law into it.
3 Answers from Attorneys
Re: verbal death threats
What he did is technically a "terrorist threat," a serious crime. Your problem is, what if anything do you do about it. Your interests include your safety; your mother's and brothers' safety; and you also don't want to foul up your possible inheritance. What weight you place on each of these factors is up to you. Involving law enforcement could bring unpredictable results; the agenda of the police and D.A. is not necessarily the same as yours. The proper course of action could depend on: Your ages; your parents' ages; how long they were married; how serious Mom is about a divorce; and other factors. You could help Mom find a family law attorney if she doesn't already have one. If you know where he keeps a firearm, you could squirt superglue into the chamber or file off the firing pin.
Please feel free to call or email me if you want to talk.
Re: verbal death threats
In addition to what counsel has already mentioned, you or your mother should consult with an attorney and consider an emergency restraining order along with an eventual temporary restraining order.
Given what you have said, you should consider your saftey paramount and use all of the legal tool at your disposal.
Feel free to contact me if you wish to discuss your options further.
www.berlinfirm.com
Re: verbal death threats
Standing by and delusionally hoping for the best is not an acceptable solution when someone's life is at risk. Report it to police if you feel it was at all serious. You should investigate getting him psychiatric treatment, which might be ordered as part of the divorce proceeding through her attorney's motion to the court for protective order.
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