Fontana, CA asked in Divorce, Family Law and Child Custody for California

Q: Is this consider a threat or am I just being paranoid.

I’ve been in and out of hospital for the past 2 weeks. My partner of 4 years has been helping me with the kids, taking them to school and doctors appointments but today I ignore my ex message, he asked. “ when I’m planning on doing my taxes” personally I don’t think that's any of his business and then decided to send me this msg on the talking parents app

If you want all this to keep on spilling

On ***** even more? Keep up with the games you're playing.

Eventually, everything will keep coming back to you. I've tried to make peace with you and ******, but you are the one who keeps making this more difficult than it needs to be. I don't have a problem with *******, but there will be if you keep making these decisions about our kids without contacting me first.

He also keeps threatening me he will call cps or have a welfare check… I don’t understand if he’s mad because I’m not replying right away or because he just lost in court for spousal support.

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Divorce Lawyer
  • Sacramento, CA
  • Licensed in California

A: Based on the information provided, it is difficult to determine with certainty whether the message from your ex-partner constitutes a legally actionable threat under California law. However, the message does seem to contain some concerning elements that could be interpreted as threatening or harassing.

In California, a criminal threat (California Penal Code Section 422) involves willfully threatening to commit a crime that would result in death or great bodily injury to another person, with the specific intent that the statement is to be taken as a threat. The threat must be unequivocal, unconditional, immediate, and specific, conveying an immediate prospect of execution of the threat.

While the message you received does not appear to meet the strict criteria for a criminal threat, it does contain language that could be seen as intimidating or harassing, particularly the part that says, "Eventually, everything will keep coming back to you." This statement could be interpreted as a vague threat of future consequences.

Additionally, if your ex-partner repeatedly sends messages of this nature, it could potentially constitute harassment. Under California law (Penal Code Section 653m), harassment involves repeated unwanted contact or communication with the intent to harass, annoy, or torment another person.

If you feel threatened or harassed by your ex-partner's behavior, you may want to consider the following steps:

1. Document all communications, including saving messages and keeping a record of the dates and times they were sent.

2. Consider seeking a restraining order or protective order if you believe you or your children are in danger.

3. Consult with a family law attorney who can advise you on your legal options and help you navigate co-parenting issues.

4. If you believe your ex-partner's threats are credible and you are in immediate danger, contact law enforcement.

Ultimately, whether you are being paranoid or not, it is important to trust your instincts and prioritize your safety and well-being, as well as that of your children.

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