He`s American, I`m Canadian...we have a baby together, we`re broken up. He made the threat, get rid of me and take the baby. Is it just him going crazy angry or is it serious? Should I let time pass or get the authorities involved?
2006-09-07 11:06:03 · 9 answers · asked by amberdawn 1 in Politics & Government ➔ Law Enforcement & Police
GET THE POLICE INVOLVED NOW! dont think that he will change or if he says im sorry it will be ok. if he was stupid enough to threaten you and the life of your child then he might do something. dont gamble with your life or the life of your child. calll your local police department and tell them what happened. They will have an officer come interview you and you will have to make a court appearance in most cases! PLEASE DO THIS BECAUSE YOU DONT WANT ANY HARM TO YOUR CHILD OR YOURSELF!
2006-09-12 14:37:53 · answer #1 · answered by llllll_amanda_lllllll 6 · 0⤊ 0⤋
It would help to know where you live. As far as California law goes, yes, he may have violated a law that would entitle you to a restraining order or a temporary emergency protective order. (EPO).
If he threatened your life, threatened to assault you or kidnap the child you should make a report to your local law enforcement agency. You have a few rights you should be aware of before you call. They can not refuse to take a report, they can not refuse to accept a citizen's arrest and they MUST contact a judge and request an EPO if you ask them too. Most agencies are pretty good about this, but every once in awhile you get some cop who's having a bad day or whatever.
If your child's father made any of the above threats while in California, he would be in violation of P.C. 422 Terrorist Threats (it's just the title of the section, they don't mean "terorrist" as in al qaida or anything). That is a felony and in this case qualifies as domestic violence since you have a child in common. You can make a report and request an Emergency Protective Order that will grant you sole temporary custody and order him to stay away from you, the child, your home, work, etc. as well as other orders. These are free and usually only good for 5 business days to give you time to go apply for a real temporary restraining order or TRO at your local court. The officer will contact a judge for approval and then give you a carbon copy of the order. Your ex will be served, if they can find him, and you will probably get a court date for the threats charge if he is placed in custody.
At the minimum, I reccommend you make a report for documentation purposes and contact your local women's domestic violence center or victim-witness for assistance with the legal stuff.
Good luck!
2006-09-07 18:20:48 · answer #2 · answered by hrh_gracee 5 · 0⤊ 0⤋
Your county courthouse will likely have a domestic abuse service center or department that handles the filing of restraining or harrassment orders. you will need any evidence you have of past incidences of this person's harrassing you or your daughter, such as police reports or other paperwork, or just a list of dates when they physically touched or made threats to you as well as what exactly the threats were. Where I live you also pay a fee to file for this order, but it can be waived if you can show proof of being unemployed or on public assistance. In this order you will ask that this person be excluded from your home address, your place of employment, and any other location where you wish to specify.
After the intake worker writes up your temporary order, it is sent to a judge to be either approved due to enough evidence, or it could be rejected and not signed by the judge if they feel it is without merit.
If your order is approved, you keep a copy of it with you at all times, and the sheriff will be serving the order upon the respondent as soon as possible so that they are aware of the order being in effect.
The filing of a protection order is a civil matter but violation of it is a criminal offense which means that if the person you file against ignores the order and has any contact at all with you.....email, letters, phone calls, in person, or through another person by asking them to deliver a note to you, you can call the police and report the violation. Violation of a restraining order is a crime for which they can be arrested and they will have to go to court to answer for that.
All of the above is how things are done in Minnesota, your state/county laws may vary, but the general idea should be the same.
2006-09-12 18:30:40 · answer #3 · answered by ? 6 · 0⤊ 0⤋
Any such threat is to be taken seriously. You can get a restaining order but this will not keep him from hurting you and/or the baby. The police cannot do anything to him unless and until a crime is committed. Making a threat is not against the law. You do need to take precautions however for both yourself and your child. Do you live alone? I hope not. You really need to be somewhere very safe.
2006-09-07 18:15:04 · answer #4 · answered by missingora 7 · 0⤊ 0⤋
I don't understand why you have not talked to the police already. he has made a threat to harm you. The police will direct you on how to handle the situation. He may need to just cool down.. maybe not.. if you have to ask.. you don't know him well enough, and should report this. I knew someone in the same situation.. unfortunately it got nasty..and he had priors she didn't know about.. Protect your daughter and yourself.
2006-09-07 18:20:27 · answer #5 · answered by c 3 · 0⤊ 0⤋
I don't know about the laws in Canada.Call the Royal Canadian mounted police and they will know.
2006-09-08 16:20:22 · answer #6 · answered by John G 5 · 0⤊ 0⤋
make a police report
2006-09-11 23:53:43 · answer #7 · answered by Anonymous · 0⤊ 0⤋
why would you want to have a baby for this SCUM BAG.
2006-09-13 12:26:48 · answer #8 · answered by countrybooger 2 · 0⤊ 0⤋
Where are you? In Canada or US?
2006-09-07 18:11:54 · answer #9 · answered by Fleur de Lis 7 · 0⤊ 0⤋