assault and battery

[qqqqtrader]

What is the name of your state (only U.S. law)?

Calif

I have been threatened by a male 42 years old, about 15 years my junior, and about 100 lbs heavier.

What are my options should he attack? Can I defend myself and still have him charged?What is the name of your state (only U.S. law)?

 

[AlmostALawyer]

You can use reasonable force to protect yourself should you be attacked. If you were charged or taken to court, your defense would be that you acted out of self-defense.

Yes, you could still have him charged for attacking you, even if you defend yourself.

 

[st-kitts]

You might also consider what steps you can take to minimize the possibility of his actually attacking you.

You can defend yourself, but really avoiding conflict is a much better plan altogether. You can peruse this board for many posts of people that were arrested when they claim they were just defending themself. Apparently, it is pretty easy in the heat of the moment to cross the line between self defense to mutual combatant.

Can you avoid contact with him? One isolated threat may not be enough to receive a restraining order, but you might research the option.

 

[AlmostALawyer]

You might also consider what steps you can take to minimize the possibility of his actually attacking you.....Apparently, it is pretty easy in the heat of the moment to cross the line between self defense to mutual combatant.

Can you avoid contact with him? One isolated threat may not be enough to receive a restraining order, but you might research the option.

This is an excellent point. The law regarding self-defense can be tricky depending on the situation. Plus, if you get arrested, it can be very expensive for you to prove that you were correct in defending yourself. The very best option is to resolve this without a physical confrontation.

 

[CdwJava]

I have been threatened by a male 42 years old, about 15 years my junior, and about 100 lbs heavier.

What are my options should he attack? Can I defend myself and still have him charged?

In CA you have the right to use REASONABLE force to protect yourself. Whether the force you utilize will be reasonable will depend on the facts. Also understand that if you provoke the attack you can be charged even if you make a claim of self defense.

As was previously stated, the best way to deal with a threat is to avoid a confrontation. If you are truly afraid for your safety, then you can call the police if the threat was serious and placed you in fear of imminent assault, or, you can obtain a restraining order which can help the police to help you. if he has a valid and served TRO against him, then he is subject to arrest simply for violating the terms of the TRO.