Got the heart beating

[USARMYSSG]

Last night when the wife's old man calls me up and says (going to use phony names. Not sure how Im going to pursue this) Joe is coming over to your house, hes going to kick your door in and beat your ass, so you better shoot me or call the cops. So I tell Dad "you know Im not calling the cops if hes cracked out enough to come here knowing full well what I have in my home then hes just dumb" So Dad being Dad jumps in car, 911 on phone, Personally Im just like what ever my sidearm is always on me but the blood is really flowing waiting for this ass to kick my door in. I have all my kids go upstairs really thinking something is going to happen. Dad shows up shortly followed by LEO who happens to be a friend of mine. We talk for awhile and decide best thing to do is get a PFA put on him. So I guess my question is knowing that he called my father-in-law and verbally made a threat to do harm to me. If this clown shows up breaks in door, Would I have been in the right? I know the law says if my life or familys life is in imediate danger. But knowing that he called the father-in-law. Whats your guys thoughts. (side note the guy is my wife's sisters sperm doner..cause im pretty much rasing her children)

[Poonie]

If you had advanced knowledge of this man's intentions, and you hung around then blasted the guy to kingdom come, you'd be in it deep I would think. Any prosecutor would ask "why didn't you get everyone out and leave the area then?" So, no I don't think you'd be "in the right" in this case.

Everything I learned about the use of deadly force suggested to do everything in your power to diffuse the situation before resorting to a last desperate act of entering a firearm into the equation. By not leaving you'd definitely have set yourself up for a lashing by the courts.

[USARMYSSG]

If you had advanced knowledge of this man's intentions, and you hung around then blasted the guy to kingdom come, you'd be in it deep I would think. Any prosecutor would ask "why didn't you get everyone out and leave the area then?" So, no I don't think you'd be "in the right" in this case.

Really leave my own home!!!! WOW thats some shit but your probably right

[Tequila Sunrise]

Well call the police for one. Your father-in-law prewarned you, so there might be a case of you knew and where waiting. Different if you're home and you were surprised. All that crap gets brought into court I'm sure. Your father-in-law on the stand, phone records, the whole bit. Stay protected, but let the law take care of what they need to do. A restraining order is not a bad idea either (if you get what I mean).
I hope it works out for you.

[cigarmanpa]

look at this the other way. if you're trying to convict someone of a crime and they knowingly didn't do anything to prevent the situation from happening, in this case calling the cops at a minimum, and this is presented to 12 gun unfriendly people who are too stupid to get out of jury duty or have an agenda...how do you think this is going to turn out for the guy charged?

ok this sentence structure sucks but I'm tired today

[Poonie]

Really leave my own home!!!! WOW thats some shit but your probably right

Well, had you stayed and something went down, any court would see this as a possible case of premeditation, considering you had foreknowledge of what was about to happen.

[USARMYSSG]

look at this the other way. if you're trying to convict someone of a crime and they knowingly didn't do anything to prevent the situation from happening, in this case calling the cops at a minimum, and this is presented to 12 gun unfriendly people who are too stupid to get out of jury duty or have an agenda...how do you think this is going to turn out for the guy charged?

ok this sentence structure sucks but I'm tired today

No I get it. Im just gonna get a PFA on him. And hope hes not dumb enough to try and come to my house. My friend who was the LEO that showed up told my if I get a PFA on him its a violation if he does a 3rd party contact like calling my father-in-law and threatens me which I didnt know. Just thought Id throw that out there.

[Himni]

IANAL but since you were in your place of residence it wouldn't matter if you knew that someone was coming for you as long as you felt you and/or your family's life was in danger then you could use deadly force. I would call the police to let them know you received a threat.

If you were threatened by someone saying that if you ever step foot on this street again or something like that then that might be a different since we don't have a "Stand your ground" law.

I think you would have been within your rights to use a gun to defend you and your family if he did come over and kick your door in.

[USARMYSSG]

Well, had you stayed and something went down, any court would see this as a possible case of premeditation, considering you had foreknowledge of what was about to happen.

What the ol man said was Joe just called said hes right around the corner from your house and on his way. Dad called cops, really didnt have much time for evacuation know what Im saying. Should have spelled that out clearer

[Himni]

Well, had you stayed and something went down, any court would see this as a possible case of premeditation, considering you had foreknowledge of what was about to happen.

I do not think you can charge someone with premeditate self defense.

If some gang member said "I am going to F$%ING kill you and your whole family!!"

And some time down the road he knocks your door down and you shoot and kill him I don't think you could be charged with premeditated self defense.

The law allows for you to defend yourself in your home if you feel your life is in danger. It doesn't matter if you knew this person might try to kill before hand.