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Hammer O'Justice
Hammer O'Justice, Attorney
Category: Legal
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Experience:  10 years legal experience
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My cousin is in college and my mother paid for his plane ticket

Resolved Question:

My cousin is in college and my mother paid for his plane ticket to school. His mother's boyfriend used his mother's email in trying to attempt to get reimbursed for the plane ticket that my mother bought from my cousin's financial aid office. I approached my aunt's boyfriend through facebook and he has threatened my family with physical harm. Can I do anything about this other than a restraining order?
Submitted: 2 years ago.
Category: Legal
Expert:  Hammer O'Justice replied 2 years ago.


What state do you live in?

Customer: replied 2 years ago.

California. San Francisco Area

Expert:  Hammer O'Justice replied 2 years ago.

Thank you for the additional information.

You can also file a police report because what he did fits the definition of a crime in California:

422. (a) Any person who willfully threatens to commit a crime which
will result in death or great bodily injury to another person, with
the specific intent that the statement, made verbally, in writing, or
by means of an electronic communication device, is to be taken as a
threat, even if there is no intent of actually carrying it out,
which, on its face and under the circumstances in which it is made,
is so unequivocal, unconditional, immediate, and specific as to
convey to the person threatened, a gravity of purpose and an
immediate prospect of execution of the threat, and thereby causes
that person reasonably to be in sustained fear for his or her own
safety or for his or her immediate family's safety, shall be punished
by imprisonment in the county jail not to exceed one year, or by
imprisonment in the state prison.
(b) For purposes of this section, "immediate family" means any
spouse, whether by marriage or not, parent, child, any person related
by consanguinity or affinity within the second degree, or any other
person who regularly resides in the household, or who, within the
prior six months, regularly resided in the household.
(c) "Electronic communication device" includes, but is not limited
to, telephones, cellular telephones, computers, video recorders, fax
machines, or pagers. "Electronic communication" has the same meaning
as the term defined in Subsection 12 of Section 2510 of Title 18 of
the United States Code.

The police then may decide to charge the individual. I would suggest if you decide to take that route to print out a copy of the Facebook message to show the police so they can decide how to proceed.

Hammer O'Justice, Attorney
Category: Legal
Satisfied Customers: 4249
Experience: 10 years legal experience
Hammer O'Justice and other Legal Specialists are ready to help you
Customer: replied 2 years ago.

Thanks for your response, I am aware of this issue, but the real issue I am trying to get to is if i can link this threat he has made to the original issue concerning my cousin, who is being denied financial aid and has a bill of $27,000 rather than $0.00 if his mother and boyfriend were to provide their financial documents to the office. To try to measure the severity of his relationship with his mother and her boyfriend, my cousin has lived with me since age 4, he is 18 now, under the support of my mother, but his mother claims him as a dependent when she has never provided any financial support to my cousin eversince abandonment. He has considered emancipation but is 18 now. As a person that has the ability to put my foot in the door with this "facebook threat" can I link this issue to that in a legal matter?

Expert:  Hammer O'Justice replied 2 years ago.
Unfortunately, it would be difficult because one doesn't really have anything to do with the other. If his mother is claiming him as a dependent and he does not meet the definition of a dependent, then that is something that can be reported to the IRS.

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