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My spouse has claimed that I have written to him that I am going to kill him and added lots of lies as in the most recent threat

New York, NY |

but none of this is true and he has not even provided any evidence that this is the case; therefore, there is no immediate threat. In fact, what he has provide to the court is an email from a year ago where I wrote him that I will physically harm him after realizing that he used me for immigration purposes, so I was really mad, emotional, sad, embarrassed as it was the time I filed for divorce. We did not see each other for a year, even when I knew where he resided, I never attempted to see him, and our communication has only been limited to emails for the whole year. He is also lying claiming that I just found out where he lives, which is a lie and I can easily refute that lie because 1) he has only provided his PO Box address for me to respond to him with the restraining order case that

I am writing you about, so if I knew where he lived now, then obviously there would be no need for him to put a PO Box address supposedly to hide his whereabouts from me lol (he's dumb!); 2) He got served with out divorce where he lived in a different state and I have typed our judgement form where his address of his friend's house where he was staying is visible! Another reason why he is not thinking thorough about his lies where I can clearly prove that all this time I knew where he lived having send him a few things and having received a divorce form with his signature on it lol. So having filed the temp. rest. order he is only bringing forth an email from me from a year ago at the time of our divorce claiming to be threatened and as if he hasn't been sleeping well at night... dramatizing thing for immigration purposes! Q: how the judge will look at all this when he does not prove that I have said I will kill him, but only bring up a one year old email

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Attorney answers 6

Posted

Cant predict what a judge will do. Ex may have other evidence and it may not be legitimate/real. You may want to at least consult with a local lawyer to review your options and risks.

Asker

Posted

if he had any, he is supposed to serve me with that evidence as far as I know. I clearly mentioned that I did not say that I would kill him, so what evidence can he bring up, and if he had one, he was supposed to present it to me and to the court when filing for the temp. rest order...I am specifically talking about a supposed threat to kill him, so not sure what you mean in regard to evidence. Plus the courts don't look into 'evidences' when I have not seen what it is all about...he can easily change words and alter my emails, therefore he needs to present it to me first as oppose to turning stuff to the court without showing me what they are for me to at least double check in my inbox to see if such an email exists or not....what he has turned in is what I have received and he has not tuned in any emails where I am claiming to kill him from january 222 as he stated...this is why I was inquiring as to how the judge will loo at him if he can not provide any recent evidence of me killing him as he claimed, but bring up a year old email. Also, wouldn't it make the judge wonder why he would wait the whole year to bring the email up if he is supposedly threatened and I knew where he lived..it raises questions obviously. You can't just sleep the whole year then wake up one day after a year of receiving an email and decide that today you are supposed to feel threatened....especially when after my own email he sent me 1,000 emails in total...a threatened person wouldn't be writing me so much too....again...it raises lots of suspicion on him specifically as to why he brought that email up after a year...this is how I look at it and I think that anyone with some logic would see it the same way imo..hence my question about the judge.

Posted

Impossible to tell the outcome without concrete evidence of the claims. Consult an attorney with what you do have for advice.

Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.

Posted

If that's his sole piece of evidence, the Judge would wish to hear from you as to the context. It's basically a credibility call on the part of the Judge to determine whether it was a "real threat" or whether you were just blowing off steam. Thus, I highly advise you to consult with a NYC Domestic Violence lawyer.

* If you found my answer to be helpful, or the "best answer," please feel free to mark it accordingly.

Asker

Posted

thanks...if it happened a year ago, i was upset for what he did (defrauding me), we did not see each other at all for a year where I have not posed any physical threat to him then on what basis could the judge assume that I am one you know. I will certainly bring forward his immigration issue, for which he is doing this all of a sudden.

Posted

Consult a lawyer.

IMPORTANT: Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during an attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private attorney-client consultation. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, an attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on Avvo.com are intended as general information for the education of the public, and not for any specific individual. For persons located in New Jersey: To the extent that Mr. Murray's profile can be considered an advertisement in New Jersey, which is denied, be advised that NO ASPECT OF THIS ADVERTISEMENT HAS BEEN APPROVED BY THE SUPREME COURT OF NEW JERSEY. Furthermore, the selection methodology for the SuperLawyers' "Rising Stars" awards is set forth at length at this website: http://www.superlawyers.com/about/selection_process.html.

Posted

Don't know what judge will do, but get a good local attorney for representation.

Posted

Hire a lawyer. Defend the allegation and make sure your lawyer brings a claim against him.

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