Husband threatened me

Asked over 4 years ago - Norwalk, CT

In a heated argument with my soon to be ex he threatened to blow my head off. He is semi retired (home for a year now from a stroke) from the police dept. I told him I could call the police on him for that and he said (who would they believe, me or you). Can I have him removed from the home? I have not officially filed for divorce yet. He also has a drinking problem/suffers from depression; the main reason for my divorce.

Attorney answers (2)

  1. James C Wing JR

    Pro

    Contributor Level 13

    Answered . Your question is about the legal significance of your husband making a threatening statement. I note that you do not ask about what you can do to protect yourself and do not say that you actually fear him.

    If you are afraid of him, I recommend that you do go to the police and report the threat. They may arrest him and the criminal court may enter a protective order for your safety. If the police decide not to arrest him, you can go to family court and seek a restraining order which will be granted if the court finds that he presents a continuous threat of present physical pain or physical injury to you. You should detail the threat and the history of your deteriorating marriage, his drinking and his depression in the application for restraining order paperwork. A lawyer can help you produce the application correctly and quickly.

    Either a protective order or restraining order can temporarily provide you exclusive possession of the marital home and prevent him from having contact with you and, if appropriate, your children.

    You should consider that he may become more angry and depressed when you file for divorce before you decide that you are safe. But, if you think you are safe, you should think carefully about escalating the animosity of a divorce by obtaining orders based on his threatening remark.

    You might want to contact a lawyer and discuss divorce as soon as possible. The attorney can give you additional advice and address safety concerns before and during you divorce.

    I hope you find my response to be helpful and informative. If you do, please click the thumbs up icon. If this is your question and you find my answer to be the most helpful, please click best answer. I appreciate feedback.

    My answer is not legal advice and does not establish a client/attorney relationship. It is impossible to give complete advice without having a thorough discussion of the facts because the question may not be a complete or accurate description of the problem and there is no chance to ask a follow up question. Laws are different from jurisdiction to jurisdiction and frequently change. So, please, do not act on any information provided without consulting with a lawyer licensed to practice in your jurisdiction who has experience with the kind of issues that concern you.

  2. Justin J Maffeo

    Pro

    Contributor Level 12

    Answered . Reporting the incident to the police will, if nothing else, establish a record of the incident. If your complaint results in an arrest, the court will issue a protective order which will remain in place until the matter is resolved. If you are in fear of imminent physical or mental harm, you can apply civilly for an ex parte restraining order which will stay in effect for 14 days. On the 14th day, a hearing takes place where you can argue to have it extended up to six months. The application is available at the clerk's office in any civil courthouse.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

27,419 answers this week

3,046 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

27,419 answers this week

3,046 attorneys answering