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Can someone file a restraining order over these statements in single email:

San Francisco, CA |

I don't want to write the whole email, but the part that I am being taken to court for is over this: "tell your mother that we will f*ck your family as needed" & "my father will personally tear off your heads in Greece and you can pass this to your prostitute mother from my father."
This was said in a heat of the moment because of provocation from their side & this has been said about 8 months ago, too, so nothing recent for the person to claim an imminent threat. My questions are the following and I really need help with this PLEASE, so please do advise and input...
1) Saying that we will f*ck your family - is this really a threat or nothing specific has been said to get a restraining order over the word f*ck. Will a judge consider this as a threat, let alone an imminent one.

Attorney Answers 2

  1. There is no way in knowing for sure how the Judge is going to rule on your case. The Court will read and listen to both sides and weigh the evidence in accordance with the law. The other side will have the burden of proving that they read and took your email as a threat. You will also have an opportunity to present all the evidence that you stated above. (i.e. it was made in the "heat of the moment, there was no intent to act, it occurred over 8 months ago, they live thousands of miles away, nothing else has happened, etc.) Restraining orders aren't something to take lightly so I do suggest that you contact an attorney.

    Warning: This information is not intended to constitute legal advice and should not be relied upon in lieu of consultation with appropriate legal advisors. Further, this response does not constitute an attorney-client relationship and any privileges associated with that relationship.

  2. You asked this question in a similar post, with a different location, and the answer hasn't changed. The court might issue a restraining order based on these facts, if there are other facts which convince the judge that there's some ongoing risk, threat, or reasonable fear. If, after these comments were e-mailed, the recipient asked the sender to stop sending e-mails of any sort, and the sender then sent more, even if they weren't threatening, then the sender is not getting the idea, and the Court could issue a restraining order.

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