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August 18th, 2009, 01:35 PM #1
Need legal advice concerning a threat
My sister has received a threat from her ex husband.
She and her 4 kids now live at my mom's house. During a heated cell phone conversation, he threatened to "go on a killing spree" sometime soon. There were two other people present when my sister hung up the phone, and she relayed the conversation to them. This is the second time he has said this to her; the first time was on the phone, too.
Apparently he is well connected with local LE, on a friendly first-name basis. She has seen him get off scott-free for minor violations, because the LEO's knew him.
My question is, who should we call? I'm thinking either DA or FBI.
Advice would be gratefully appreciated.
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August 18th, 2009, 01:48 PM #2
Re: Need legal advice concerning a threat
Sorry your family is in this situation. I'd first call a local gun shop. Then I'd go to a store and buy a voice recorder. Then I'd go in person to to police to see what they can do. Chances are the cops at the precinct isn't going to be someone he knows patrolling the streets, but who knows. This is something that needs to be taken seriously given all of the recent stories about domestic situations that turned deadly.
Al
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August 18th, 2009, 01:55 PM #3
Re: Need legal advice concerning a threat
Are the friendly LEOs local or State? If local then call the state.
Socialism is a philosophy of failure, the creed of ignorance, and the gospel of envy.
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August 18th, 2009, 02:21 PM #4
Re: Need legal advice concerning a threat
I've been in this situation before with my sister and her ex-boyfriend. As far as the actual threat, you usually need some sort of proof, such as a voice mail or something of that nature or it has to be said in front of others. Until then there isn't much a cop can do. If he calls repeatadily there is a number to dial after you hang up and it actually keeps a record of it, and after 5-6 times in a hour, it automaitcally sends that info to the police. But as to who to call, like it was stated above, if its local, go state. Otherwise find an attorney and they will usually get ahold of Internal Affairs or an un affilated LEO.
"
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August 18th, 2009, 02:28 PM #5
Re: Need legal advice concerning a threat
First thing I'd do is move her and the kids to somewhere he can't find them.
Then I'd follow up with a lawyer."Having a gun and thinking you are armed is like having a piano and thinking you are a musician" Col. Jeff Cooper (U.S.M.C. Ret.)
Speed is fine, Accuracy is final
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August 18th, 2009, 02:58 PM #6
Re: Need legal advice concerning a threat
I only give this as advice what I would in your sister’s situation.
Don’t just rely on a law, a piece of paper (PFA), or some authority with a badge, a law degree or any other authority figure to keep you safe and protected, it’s not their responsibility.
None of these will protect you from someone that really wants to hurt you,They are just illusions of hope nothing will happen. All of them can offer some great advice but that about it.
If the threat is real and she REALLY is in fear of her life LEAVE, Move, Get Out of Harm’s Way, be somewhere else, WHATEVER IT TAKES to keep her and family safe from the danger, that’s should be number one on the list.
IF you sister is not a prohibitive individual and with a valid PFA from a court she can get a temporary LTCF permit immediately, state law was changed in 2007-2008 session that covers that ACT 131 / HB 1845.
Ultimately her safety and her family rest on her, NOT someone else, do what she has to do to accomplish that objective.
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August 18th, 2009, 05:03 PM #7
Re: Need legal advice concerning a threat
Report him to the phone company as well for making death threats over a telephone.
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August 18th, 2009, 07:28 PM #8
Re: Need legal advice concerning a threat
As others have said...it is a he said/she said as it is described. That is not to say the police can do nothing but it would be a shaky case.
Is the police department large or small? If it is large, I'm sure he doesn't know everyone. If it is small, you may have some problems. I would suggest if it is the latter and the complaint is not taken seriously, then try the DAs office. PSP tends not to intervene in another police departments affairs except for corruption. FBI will not be involved.
I also endorse the "get a gun" thought. PFAs are a good idea as far as they go, but they don't stop bullets.
Be aware, an individual may not record another individual surreptitiously.
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August 18th, 2009, 09:15 PM #9
Re: Need legal advice concerning a threat
Furthering the “get a gun” opinion, a gun is a metal paperweight unless the person expected to use it has given it serious consideration and already made the choice before it has to be used. Very few women seem mentally prepared and willing, even after long thought, to simply shoot a threatening ex if necessary.
.
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August 18th, 2009, 10:29 PM #10
Re: Need legal advice concerning a threat
I'm sure there are women out there more than willing to blow an ex's gootchies off given half a chance. However, OP's sister doesn't sound like one of them.
The sister has to initiate contact with the authorities, not a close relative.
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