Legal Question in Criminal Law in Virginia
Threat of bodily harm
My sister in law on two different occassions threatened to ''beat the holy f*** out of me'' Once on voicemail second on phone with me. This second time she actually came to my house and sat out front in her car waiting for me to come outside. I called the police & told what happened. The officer asked if I want to press charges for threatening bodily harm an I said yes. Will a judge think this is just nonsense and throw it out of court? Or will I beable to get protection and keep her away from my home? People have tried to talk me out of pressing charges. It has been two days since this happened and the officer said I could go to the magistrate any time this week to follow through with pressing charges. Should I follow through with pressing charges for threatening bodily harm? Or would it just be a waste of time and get thrown out of court? I don't want to seem like I'm over reacting to a judge but I am truly scared of this woman especially since she drove from another city all the way to my home to follow up her threat. She didn't even leave when she saw the officer come to my house. She sat infront of my home till the officer told her she had to leave. What will happen in court if I follow through with pressing charges? Thank you.
1 Answer from Attorneys
Re: Threat of bodily harm
If the threat to your person is perceived to be genuine and objectively reasonable by the judge hearing the matter, he or she will likely impose a so-called civil protection/stay away order against the perpetrator.
Not to make light of matters completely nor to be dismissive of your concern regarding this threat, I do, however, feel somewhat impelled to ask whether this woman may have worn one of those all encompassing "astrodiapers" for her drive down from her city to yours
"to follow up her threat"?
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