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Are restraining orders only based on immediate threats or not

San Diego, CA |

...for example, if an email is brought up from the opposing party as a threat, but which was written a year ago approximately and that was the one and only time anything was claimed in the email, how a judge would likely react to it based on the length of the email and the time the opposing party waited to bring it forward as a threat and if the judge is likely to assume that if it's been a while and nothing has happened up to the point that both sides have not even physical met, their communication has been mutual within the whole year since the threatening email was written and since there have not been immediate and also numerous threats made ever since, is this grounds for a restraining order to become permanent or not.

Attorney Answers 6

Posted

It is important to remember that restraining orders are not a punishment for past behavior, they are to restrain potential future behavior. So in that regard, yes, "immediate threats" as you say would weigh/should weigh more heavily that other, older evidence of threats. This is why the DV petitions ask the petitioner to list past threats in reverse chronological order (newest first). The judge will be looking to see whether or not the past behavior is predictive of any future behavior, and if that email helps tell the story, then it'll be considered.

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Posted

Unfortunately restraining orders are decided by one person. Their beliefs and perceptions will determine if it qualifies. Almost anything is possible. I have seen them granted for different reasons then the ones requested. I have seen them granted when I thought there was no way and denied when I thought it was inevitable. So the answer is yes it can be a basis but the judge will consider everything.

This is not a comprehensive answer and it is impossible to provide a meaningful response without a consultation. Call us for more information. 619.797.5456 www.mataelelaw.com

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Asker

Posted

ok thanks...but are they supposed to be based on immediate threats or not...im trying to understand the timeline..because it would not maek sense to even wait 2 years and then file a t.r.o. about a threat from 2 years ago when nothing has happened ever since....

Posted

The email is just one of the factors that the judge will take into account. The judge will take into consideration all behavior and actions that amount to an implied threat and not just the threats that have a paper trail. The judge will also take into account any declarations or witness testimonial that goes to show that there have been other threats (for example stalking, etc).

This is not legal advice and a client-attorney relationship is not created as a result of this communication. For a free consultation call 619-752-0125 or email at ben.aguilar.law@gmail.com. Se habla Español.

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Asker

Posted

thank you! nope..there was only one email a year ago that's all, no physical contact only 1,000 emails exchanged about random stuff, unrelated to a threat, so there was only one that email a year ago and nothing has happened and if it was not for his t.r.o., we would still not even see each other. in fact, he has showed interest in wanting to be with me even after that email over the months, so how the hell he pretends to be 'threatened' over one email i do not know...will need to make this the argument. so basically there is no reason to believe that i am a threat to him because that angry and threatening email was written right after I filed for divorce from him so I was 1) angry; 2) emotional 3) he lied and used me so everything combined I basically burst in one email.

Asker

Posted

i said that i will cut off his head and he will end up in the hospital forever....basically he used me for green card and used my parents too so I was VERY angry lol and filed for divorce for his fraud. So I got upset and send that email to him while he was overseas (does this matter or not)...but see my comment does not even make sense and it's an emotional context because if i am cutting someone's head off then they would obviously die, but why the hell am I saying that he will end up in the hospital forever if I am saying something different in the beginning of the sentence....like I said I am the most peaceful people out there but he really screwed me while I loved him so I wanted to pour my emotions in that 1 line email I wrote him...BUT after that email we've been in communication for the whole year ranging from him wanting to be with me (to save his green card i said no) to random emails about basic random subjects..he sent me 990 emails while I sent him 1,013 emails in total after that one year old email....i do not think how a judge would assume that I am a threat when i don't even know where he lives and we have not seen each other for more than a year. also, in my culture, when you say you will cut off someone's head is said when people are angry and believe me that if that statement was taken seriously then there would be no person left from my culture on this world because everyone would be cutting off each other's heads lol. It's like 'i'll punch you in the face' type of thing...nothing serious and he knows this being form the same culture but he is taking me to court to try to save his green card....he could care less about any threat from me to be honest. So I need to defend myself against that stupid email of mine from a year ago. Anyways, thanks for the comments :) just wanted to explain the situation further.

Asker

Posted

p.s. i have a police report against him for his threat that if I report him to immigration he will have nothing to do but will hurt me before he leaves the country.....so his t.r.o. was only a retaliation attempt against my police report too besides trying to save his g.c. so technically he is threatening me and it was in December not a year ago like my 'threat' to him...so this goes to show you that he could care less about a fictitious threat..he has his own agenda for doing this.

Posted

Context is key and whether it symbolizes a pattern over time.

Law Offices of David Shapiro 3555 4th Avenue San Diego, CA 92103 (619) 295-3555

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Posted

According to your message the email was written a year ago; you have not had any physical contact in all this time and nothing else has happened since then. I would think it's unlikely that a judge will grant a restraining order under these factors unless the email contains threats and/or other facts that in the context of your relationship merit a restraining order. If you find this helpful and/or the best answer, please check on the appropriate box below. Thank you.

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Posted

I don't see how a year old email can be sufficient to find immediate threat. Maybe it is being used to show the character of the person (their propensity for making threats). As already stated, a restraining order needs a showing of recent abuse or threat.

Unless contracted with this attorney, communication here does not established an attorney-client relationship. The information given by me is not legal advice. You should not and may not rely on anything on this website as legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts as you have presented them.

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