CanI obtain a no-contact order against my daughter’s father for threatening our lives?

Threats made over the phone. I do have audio recordings of the phone calls but he does not know that I recorded him. He has a violent history.

Asked on October 31, 2011 under Criminal Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you and your daughter truly fear for your safety, you can retain an attorney to file a petition for a protective order against your daughter's father. You will have the burden of proving a likely threat of danger from him and the reasons why a protective order needs to be issued.

You need to be aware that many states have criminal laws prohibiting the recording of telephone conversations without the express permission of the person whose call is being recorded. California has a criminal statute on this subject.

Good luck.


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