Physical Harm Threat.

[localgirl]

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

I need help quick. My ex and I are co-habitating and I confronted him on something he said to our four-year-old son this morning to be returned with the threat of physical violence. He told me to just let him go to jail because nothing would make him feel better than to watch me bleed. He got in my face several times, balled up his fists, and threatened me more than once. I told him he was going to jail, but am afraid of a few things:

1. I have nowhere to go with my son--at all. I am a stay-at-home mother in a home that he purchased in August of last year.
2. He told me he is going to have me thrown out. We've been living together for six years--can he do that?
3. Will the police do anything based on a threat (even though he didn't touch me), or am I simply going to be made to leave with nowhere to go?

I'm afraid to call the police, but equally afraid for my safety and do not want my son to witness anything; thus, I'm hiding downstairs from him at this time.

Please, I need advice quick before too much time passes.

 

[Isis1]

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

I need help quick. My ex and I are co-habitating and I confronted him on something he said to our four-year-old son this morning to be returned with the threat of physical violence. He told me to just let him go to jail because nothing would make him feel better than to watch me bleed. He got in my face several times, balled up his fists, and threatened me more than once. I told him he was going to jail, but am afraid of a few things:

1. I have nowhere to go with my son--at all. I am a stay-at-home mother in a home that he purchased in August of last year.
2. He told me he is going to have me thrown out. We've been living together for six years--can he do that?
3. Will the police do anything based on a threat (even though he didn't touch me), or am I simply going to be made to leave with nowhere to go?

I'm afraid to call the police, but equally afraid for my safety and do not want my son to witness anything; thus, I'm hiding downstairs from him at this time.

Please, I need advice quick before too much time passes.

there are domestic violence shelters available to you. check on this link.

http://www.fullerton.edu/universityblues/dating_violence/docs/DVCA Hotline List.pdf

can he have you thrown out? he has to have you legally evicted. if he attempts to have your locked out, call the police for re-entry of the home.

you need to start with a phone call to the police for a peaceful escort out of the home.

 

[Proserpina]

Please call this number: 1-800-799-SAFE (7233

And go here:

Violence Prevention Resource Directory

 

[CdwJava]

I need help quick. My ex and I are co-habitating and I confronted him on something he said to our four-year-old son this morning to be returned with the threat of physical violence. He told me to just let him go to jail because nothing would make him feel better than to watch me bleed. He got in my face several times, balled up his fists, and threatened me more than once.

Depending on the specifics of what was said he MAY have committed a felony crime of criminal threats (PC 422). If the threats do not rise to that level, and this occurred inside the home, there may not be a whole lot the police can do about it at this time.

Obtaining a restraining order would get him out of your hair and out of the home.

1. I have nowhere to go with my son--at all. I am a stay-at-home mother in a home that he purchased in August of last year.

If you have been cohabiting and you have contributed to the household through funds or kind (labor and service to upkeep) you are likely considered a tenant and he would have to evict you. Of course, he will also be on the hook for child support.

For the short term that are almost certainly resources to help you with short term shelter and food. There are only, I believe, three counties in CA that no longer have such resources available.

2. He told me he is going to have me thrown out. We've been living together for six years--can he do that?

See my reply above.

3. Will the police do anything based on a threat (even though he didn't touch me), or am I simply going to be made to leave with nowhere to go?

The police will not "make" you leave as they cannot legally do so, unless you are not a resident and are simply an occasional visitor or you sleep on the couch.

Without knowing what he said, I cannot say with certainty that the police can arrest him for 422, but they might be able to. If what you wrote is what he said, then criminal threats is a stretch. But, again, it comes down to the details as well as how credible you took them. Now, if he made these threats several days ago and you have not taken any steps to get out or further protect yourself, it is unlikely the police will act on the threats because the necessary element of immediacy under 422 would no be present.

The police would, probably stand by while you packed a suitcase to leave. But, if it came down to you taking the child or not, you might not be able to.

I'm afraid to call the police, but equally afraid for my safety and do not want my son to witness anything; thus, I'm hiding downstairs from him at this time.

If this just happened, call the cops. Do not hide or cower, call the police.