I was at the time having an argument on the phone with my now ex fiance and have him on recording saying "you make him want to hurt your son for the rest of his life", mind you my son is only 4 years old!!!! Can I press charges?
It's a popular belief that people "press charges," but it is an incorrect belief. People report things to the police. The police will investigate and might make an arrest. Whether or not someone gets charged is up to the prosecutor's office.
Things are not criminal just because they are offensive. Crimes have specific definitions. Idaho does not have any good statute for charging very general threats. Telephone harassment involves using a telephone to harass someone. Assault is another crime involving threats to another person.
Telephone Harassment: https://legislature.idaho.gov/statutesrules/idstat/title18/t18ch67/sect18-6710/
Another problem here is that the threat here is pretty vague. It's one thing to say, "I'm going to kill you on Wednesday at 5:30pm by stabbing you in the chest with this knife I have in my left hand" and it's another to say you will "hurt" someone for the rest of his life.
You can check with the clerk's office in Canyon County about filing for a civil protection order. Telephone harassment is one basis for a court to enter such an order.
This is intended for informational purposes only and should not be relied upon. Legal problems are very fact-specific and anyone with a legal problem should consult with an attorney.
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