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Is it illegal to threaten to kick someones if they don't…

is it illegal to threaten...
is it illegal to threaten to kick someones ass if they don't leave you alone if you have already told them toget away from you multiple times in one situation and they refuse
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Answered in 3 minutes by:
2/10/2018
Bill Attorney
Category: Legal
Satisfied Customers: 2,821
Experience: Attorney
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Dear Customer ,

Thank You for posting your criminal law question this evening . I'm attorney Bill assisting you this evening.

Have any charges been filed and in what State did the incident occur ?

Was there any physical violence threatened and by whom ?

Thanks

Attorney Bill

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Customer reply replied 6 months ago
No criminal charges just a restraining order with a civil suit AFTER He was served a copy of my Peterson to get a restraining order for harassment. I am in California. The man claiming my husband threatened him was harassing us in front of our house -and we told him to go away multiple times. We felt in danger because he was in our faces moving a lot and waving his arms around. He told my husband come on and hit me. My husband replied with “yes I will beat your ass if you don’t leave us alone”

Thanks for your response.

From your description your husband's act would not be contrived as an assault under the penal code.

Assault is defined as:

"

CHAPTER 9. Assault and Battery [240 - 248]

( Chapter 9 enacted 1872. )

240.

An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another."

Because your husband said if ; there was no immediate danger.

We are here to help so please follow up with me as required.

I'm an independent legal expert and get a credit when you rate my response positively.

You do this by rating 5*****, 4**** or better before your exit.

FIVE STARS is always much appreciated.

Best

Attorney Bill

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Dear Customer ,

I would like to follow up on your question this evening. Has my answer explained your legal options ?

Just a reminder that I do only receive a credit for my time after you take the time to leave positive feedback.

You do this by rating 5*****, 4**** or better before your exit.

FIVE STARS is always much appreciated.

Best

Attorney Bill

Bill Attorney
Category: Legal
Satisfied Customers: 2,821
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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