What Happens if a Defendant’s Family Threatens You in Writing?

Question from PositiveVibesOnly, What Happens if a Defendant’s Family Threatens You in Writing?

Answer from AI:

If you receive written threats from the family of a defendant in a domestic violence case, especially threats of physical harm like slicing your throat, this is a serious matter. Such threats can be considered criminal acts themselves and can have significant legal consequences.

Understanding the Legal Implications

Threatening someone with harm, especially in writing, can be classified as a criminal offense. Here are some key points to consider:

• Intimidation and Threats: Making threats to intimidate a witness is illegal under federal and state laws. For example, under 18 U.S.C. § 1512, it is a federal crime to use intimidation, threats, or corrupt persuasion to influence, delay, or prevent the testimony of any person in an official proceeding.
• Harassment and Stalking: Many states have laws against harassment and stalking, which can include making threats. For instance, California Penal Code § 422 makes it a crime to willfully threaten to commit a crime that will result in death or great bodily injury to another person.
• Protective Orders: You may be able to obtain a protective order (also known as a restraining order) against the individuals making the threats. This order can legally prohibit them from contacting or coming near you.

Steps to Take if You Receive Threats

If you are threatened, it is crucial to take immediate action to protect yourself and ensure the threats are documented and reported. Here are some steps you can take:

1. Document the Threats: Keep all written threats, including emails, text messages, or letters. Take screenshots or make copies of any digital communications.
2. Report to Law Enforcement: Contact your local police department to report the threats. Provide them with all the evidence you have collected. Law enforcement can investigate and take appropriate action.
3. Seek a Protective Order: Consider applying for a protective order. This can provide legal protection and restrict the threatening individuals from contacting you. You can usually apply for a protective order through your local court.
4. Inform the Prosecutor: Notify the prosecutor handling the domestic violence case about the threats. They can take additional steps to ensure your safety and may bring additional charges against the individuals making the threats.

When to Seek Legal Advice

Given the seriousness of the situation, it is highly recommended to consult with a legal professional. An attorney can provide personalized advice, help you navigate the legal system, and represent your interests. They can also assist in obtaining a protective order and ensure that the threats are appropriately addressed by law enforcement and the courts.

Resources and Further Reading

For more information on protective orders and dealing with threats, you can refer to the following resources:

• U.S. Department of Justice – Protective Orders
• WomensLaw.org – Federal Stalking Crimes

Remember, threats of violence are taken very seriously by the legal system, and there are measures in place to protect you. Always prioritize your safety and seek professional legal assistance to address the situation effectively.