Terrorist Threat w/DVRO

[yolandanewell]

What is the name of your state? California

My exhusband is facing trial in February for a threat made by him to me in July of this year. The threat was "I'll come back and hack someones head off with a big knife".

I filed contempt charges against him in July of 2007 and since then he's made our lives a living hell. I had to have Modesto Police place a Premise History onto my residence because since he was served with contempt he's sent MPD to my home 11 times for safety checks on our child.. all unwarranted.

After he was served he began filing motion after motion after motion against me from request for joint physical custody to his own DVRO.... I should mention when this threat was made against me - he was never arrested. It was here in this forum that someone advised me to file for contempt.

My question is this... what are the consequences - if any at all - for someone that has done this? He continues to be noncompliant with orders and attempts whenever possible to harass me... with the premise history in place as well as a restraining order against his new pregnant girlfriend ( LONG STORY ) my daughter and I have been living fairly peacefully for about 4 weeks now.

The judge that we've seen throughout the summer is sick of seeing our faces.. I feel that the threat made against me has been lost in the waters here... and as a victim of domestic violence (he was convicted and jailed twice for assaulting me in '04 and '06) I'm very insulted.

Will he do any jail time or be held accountable for this?

By the way.. he and his girlfriend submitted a declaration to the court that when he said that to me (the hacking the head off with a knife statement) - they only meant it to be funny, nothing else.

It's infuriating.

 

[CdwJava]

My question is this... what are the consequences - if any at all - for someone that has done this? He continues to be noncompliant with orders and attempts whenever possible to harass me... with the premise history in place as well as a restraining order against his new pregnant girlfriend ( LONG STORY ) my daughter and I have been living fairly peacefully for about 4 weeks now.

The family court should address the noncompliance with any divorce settlement, and a criminal court should address any issues of the DVRO violations.

However, if the premise history notification has helped resolve the problem, then there may be no further issue on that front.

Yes, he MIGHT be charged with violation of the RO by using the police to harass you, but that is hard to prove. How do you PROVE that he is calling to harass you and not out of some true concern for the child. My agency has instituted a practice of requiring the calling party to articulate good cause to believe why the child might be in danger or why we need to check ... if it is simply "because ..." than we won't generally go. I am not sure what MPD's policy is, but in general, they will probably respond because it falls under the "better safe than sorry" category.

Will he do any jail time or be held accountable for this?

No way to know.

- Carl

 

[yolandanewell]

Thank you

The contempt w/the threat about hacking the head off with a knife is being seen by the same judge that covered the divorce. We'll see how that goes. Trial in February.

The premise history was placed after review of the more than 20 calls to MPD following my exhusband being served with contempt. They did a history on us and it showed that the only time MPD was involved was with the two assaults against me. The detective that helped me stated that Jeff was saying that he "hadn't talked with his daughter in a few days" ... he was told that did not warrant police interference.
I have the correspondence from the officers (three of them) that state that Jeff was obviously misusing the police system... I'm grateful for the premise history - we're no longer awaken in the center of the night by MPD and they no longer show at my job...

PHEW!