I WAS THREATENED TO BE KILLED BY MY EX HUSBAND IN THE COURTROOM WHILE THE COURT WAS IN SESSION. THE THREAT WAS NOT IN ENGLISH LANGUAGE AND THE COURT DID NOT UNDERSTAND THE WORDS, BUT THE JUDGE AND OTHERS HEARD THAT SOMETHING WAS SAID IN A DIFFERENT LANGUAGE. I INFORMED THE COURT OF WHAT I HEARD AND REQUESTED AN ARREST, BUT HE DEPUTY REFUSED TO ARREST STATING THAT THEY DON'T KNOW WHAT WAS SAID. THE CASE WAS ABOUT $140.000.00 DISPUTE OF UNPAID CHILD SUPPORT, WHICH MADE HIM TO THREAT ME AND MAKE ME SCARED SO I DON'T SAY THE TRUTH. I AM SCARED AND I I WANT TO KNOW IF I CAN HAVE LAWYER TO HELP ME TO PRESS CHARGES. ALSO, ARE COURT SESSIONS VOICE RECORDED TOO?
You can file a police report at a local police station. That police report is then forwarded to a local District Attorney's office for potential criminal charges. Office of the District Attorney has the discretion to charge or not to charge the case based on the alleged facts in the report. In short, a lawyer cannot necessarily help you press charges. However, a lawyer can help you tell your side of the story in a clear manner if there is an issue. You are very articulate and it seems that you have already told them about your side of the story. Therefore, a lawyer will not be able to force a district attorney to pick up a criminal case.
In regards to your second questions, some courtrooms are equipped with recording devices and those session are or may be recorded. However, not all courtrooms sessions are recorded.
Attorney Ginny Harjot Walia
www.walialawfirm.com
You seem to have already received some legal advice since you refer to Penal Code Section 422 which pertains to criminal threats. It also seems that you have managed to get a support order and have amassed a considerable claim for back support. Do you have a divorce lawyer? If so, talk to her or him. There are remedies within the family law system for dealing with this kind of behavior, including obtaining a restraining order. If the family law lawyer cannot help you, I am sure she or he could refer you to someone else.
You should immediately consult a lawyer one way or the other. Even though our job is generally to defend those acused, we do know that violence can occur, particularly in domestic situations. The lawyer is likely to tell you that you have to report the crime personally, if you want to try to have the government investigate and possibly prosecute your former husband. The courtroom bailiff is not necessarily the one to take a police report. A local lawyer can tell you who to talk to.
Courtroom deputies are there to keep order in the Courtroom. They are not there to make arrests and don't like it when circumstances force them to do so. That does not mean your claim is invalid. It just means you went to the wrong place for help.
