In California, What Constitutes a Credible Threat?

Question from Ivan, In California, What Constitutes a Credible Threat?

Answer from AI:

In California, a “credible threat” is a term often used in the context of restraining orders, stalking, and harassment laws. Understanding what constitutes a credible threat is crucial for both victims seeking protection and individuals accused of making such threats.

Definition of a Credible Threat

A credible threat is generally defined as a threat that causes the target to reasonably fear for their safety or the safety of their immediate family. The threat must be believable and capable of being carried out. Here are some key points:

• The threat can be verbal, written, or implied through conduct.
• The threat must be specific and unequivocal.
• The person making the threat must have the apparent ability to carry it out.
• The target must reasonably fear for their safety or the safety of their family.

Legal Contexts Where Credible Threats Are Relevant

Credible threats are particularly relevant in several legal contexts in California:

1. Restraining Orders

In California, restraining orders can be issued to protect individuals from credible threats. There are different types of restraining orders, including:

1. Domestic Violence Restraining Orders: Issued when there is a credible threat of violence from a family member or intimate partner.
2. Civil Harassment Restraining Orders: Issued when there is a credible threat from someone who is not a close family member or intimate partner.
3. Workplace Violence Restraining Orders: Issued to protect employees from credible threats of violence at work.

2. Stalking

Under California Penal Code Section 646.9, stalking involves willfully, maliciously, and repeatedly following or harassing another person and making a credible threat with the intent to place that person in reasonable fear for their safety or the safety of their immediate family.

3. Criminal Threats

California Penal Code Section 422 defines criminal threats as threats to commit a crime resulting in death or great bodily injury to another person, with the intent that the statement is taken as a threat, even if there is no intent to actually carry it out. The threat must be unequivocal, unconditional, immediate, and specific.

Examples of Credible Threats

To better understand what might constitute a credible threat, consider the following examples:

• A person sends repeated messages stating they will harm someone if they do not comply with their demands.
• Someone follows another person home and makes threatening gestures or statements.
• A person leaves a note on someone’s car stating they will be attacked if they do not leave town.

When to Seek Legal Advice

If you believe you are the target of a credible threat or have been accused of making one, it is essential to seek legal advice. A legal professional can help you understand your rights and options, whether you need to file for a restraining order or defend against accusations.

Resources and Next Steps

For more information, you can refer to the following resources:

• California Courts – Domestic Violence
• California Penal Code Section 422

If you need personalized legal advice, it is highly recommended to consult with a legal professional who can provide guidance based on your specific circumstances.