Legal Question in Criminal Law in Wisconsin

45 automatic and threats

My neighbor just heard her oldest son, a soldier, hates her and wants her dead. He came here to visit a few days ago and told several people he was carrying a gun and was going to take care of his biggest problem. We all believe he means his mother and are afraid he'll actually do something to her. Get this...the airline supposedly lost his luggage coming here, including the gun and body armor! Otherwise she might already be dead. The authorities and Army are being less than no help and she's a basket case. We all are as this is a very close neighborhood. She can't get an order of protection because no one can fly in to testify (one is very ill and the other can't leave work). What can be done to protect her? She doesn't want to give his name to the Army because it'll ruin his career, just in case he's only blowing smoke instead of being serious about the threats. We think even if he's only talking big, he's still a threat because the idea is there in his mind. He told someone that every time he goes for target practice, he imagines her face on the bullseye. Even her estranged ex-husband (haven't spoken in about 20 yrs) is sending warnings of their son's erratic behavior. What can be done to protect her?! Thanks.


Asked on 8/19/08, 12:43 pm

1 Answer from Attorneys
JAY Nixon nixon law offices

Restraining Order Due to Threats from Mentally Ill Son

Unless your friend is willing to help herself by going to the authorities, there may be no saving her. If she does involve a lawyer and law enforcement, there are options other than restraining orders. These include mental commitments if the person making the threats is mentally ill, which certainly seems to be the case from what you are indicating, or asking law enforcement to simply speak with him. The mental commitment option involves litigation and a need for witnesses similar to a restraining order case. I would recommend that you help your friend by retaining a lawyer for her, who would generally try to convince her to do something about these threats. Good luck!

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Answered on 8/26/08, 3:09 pm


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