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 & I really need help with this PLEASE...
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 from a legal stand point.
2) The family I referred to live overseas in Greece while i live in California, so obviously my dad was not going to travel to a country he has never been to to 'tear off their heads' for their provocation. In that last statement I am referring to my dad doing the tearing off, so can that be used against me even though I am not saying that I will do that myself. It's just I was repeating what my dad has said out of anger, so how would I be responsible for that 2nd statement. Please advise, I really need it as I do not know if this is grounds to a r.o. for my word f*uck & the repetition of my dad 'tearing off' heads supposedly. My dad is a serious man except that in the heat of the moment, he gets hot headed lol. Also, their heads have been in place overseas after 8 months so that should be obvious! So will the judge see me as a threat because the r.o. has been filed only against me, not my dad, and the person whom I wrote this is now in the US.
Divorce / Separation Lawyer
Threat of violence is an appropriate ground for the granting of a restraining order. How narrowly the court views the credibility of the threat and whether your statements constitute a threat depends on the particular judge who is hearing your case, as well as the context of the threat and other facts of your case. As the collateral effects of a restraining order can implicate important rights (ability to get a job, possess a firearm, etc.), and you only get one shot at defending against the granting of a permanent restraining order which could negatively impact the rest of your life, I recommend that you retain an experienced attorney ASAP. If you need a brief continuance in order to hire an attorney, the court would typically grant your request for a continuance, but leave the temporary restraining order in place pending the hearing.
This information is general and should not be construed to be formal legal advice, nor the formation of a lawyer/client relationship.
Reasonable belief of imminent harm is a basis for a TRO. The problem is that this was 8 months ago, if i understood you correctly. If your ex continues to make threatening emails, texts, phone calls, messages, etc, i would suggest a TRO. Otherwise, you may be wise to save your resources to hire competent legal counsel to help you in the divorce proceedings. We are located in San Diego, feel free to contact us for a free consult.
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