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AttorneyTom, Lawyer
Category: Criminal Law
Satisfied Customers: 9176
Experience:  Attorney
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I was recently dating a genious rocket scientist who seemed

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I was recently dating a genious rocket scientist who seemed extremely kind and nice. even my son agreed and my friends who did meet him agreed. He was humorous and witty. He did drink a little too much but the rest seemed fine. Then this last weekend we flew to san fransisco for the weekend. We got in a small fight re; him bragging while we were on our first trip about going next weekend to see an ex girlfriend. So of course i had questions. he didnt like them so he agrily threatened to KILL MY SON
I do think it was said out of the heat of the moment and he wont act on it but legally is there anything i can do . Possibly sending a letter to him stating a restraining order will be filed if he even as much as emails me?

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What follows may or may not be what you want to read. However, please do not shoot the messenger. While I can control the quality of an answer, my control over the content of an answer is restrained by the truth.

Because he has threatened you and your immediate family with violence, you could seek a domestic violence restraining order to protect you from him and your son could seek a civil harassment order order. You can read about these at the following link (California's Self-Help Center).

A letter sent to him would have no legal affect. However, it would serve to put him on notice that you were considering a restraining order as an option. On the other hand, it could also make the problem worse, depending on how he reacts to the letter. If you do send a letter, you would be prudent to discuss it with your attorney and you may wish to have your attorney draft it. That might remove some of the personal nature of the transaction, which might be helpful.

However, it's important to remember that people can react differently to such things and thus a letter may or may not actually serve your purposes.

If you wish, you can report this threat to the police. It is a crime to threaten someone's life. Accordingly, he could be arrested and criminally charged.

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