What is the test for making a threat to kill a person who is a victim of domestic violence?

California, United States of America

The following excerpt is from People v. Green, B268500 (Cal. App. 2016):

circumstances in which it [was] made, . . . 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,' (4) that the threat actually caused the person threatened 'to be in sustained fear for his or her own safety or for his or her immediate family's safety,' and (5) that the threatened person's fear was 'reasonabl[e]' under the circumstances." (People v. Toledo (2001) 26 Cal.4th 221, 227-228 (Toledo).)

"The most advanced legal research software ever built."

Try it today free of charge!

The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.

Other Questions

Can a police officer make an arrest for domestic violence under section 836 of the California Domestic Violence Act if the victim is assaulted by her partner while they are not married? (California, United States of America)

Is there any case law where a defense counsel elicited testimony from a domestic violence victim about whether domestic violence victims lie? (California, United States of America)

Can a defendant who makes a threat to set fire to a building where the victim works after making the threat? (California, United States of America)

Can a defendant who made a threat to set fire to a building after making the threat, setting fire to the victim's workplace after the threat was made? (California, United States of America)

What is the test for making past domestic violence evidence in a domestic violence case? (California, United States of America)

Does a defendant who points a gun at the victim's head and makes a conditional threat to shoot the victim if he refuses to leave, constitute assault by conditional threat? (California, United States of America)

What is the standard for a jury to consider an allegation of domestic violence against a defendant who has not been charged with domestic violence under the California Evidence Code? (California, United States of America)

In what circumstances will a domestic violence victim be allowed to make an out-of-court statement? (California, United States of America)

Does the implied threat of violence in the context of possession of knives and firearms constitute an implied threat to violence? (California, United States of America)

What is the test for a domestic violence restraining order under the Domestic Violence Protection Act? (California, United States of America)

What is the test for making a threat to kill a person who is a victim of domestic violence?

"The most advanced legal research software ever built."

Other Questions

Trusted by top litigators from across North America.

Company

Product

Resources