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Is threating to throw something at someone a legal offence

19 replies

Lardlizard · 05/11/2019 23:39

? Talking about my fil

OP posts:
HappyHammy · 05/11/2019 23:41

What happened?

Lardlizard · 05/11/2019 23:46

He didn’t do it just threaten to do it

He also threatens dh if dh doesn’t go round he’s gonna come here and cause a disterbance

OP posts:
egontoste · 05/11/2019 23:48

He sounds awful. Has he been physically aggressive or violent in the past?

30to50FeralHogs · 05/11/2019 23:49

I'm pretty sure that threatening violence is an offence if the other person could reasonably believe that they would carry out the threat, but its not really enforceable as its your word against his so can't be proved, and given how stretched the police are trying to deal with everything else that happens, this wouldn't see the light of day. However, its enough that I would refuse to spend any time with FIL.

Lardlizard · 05/11/2019 23:51

I don’t think he would lie to the police if they questioned him
I think he would admit it

OP posts:
Lardlizard · 05/11/2019 23:52

He’s squared up to me before on an argument rushed over and leaned right over me

OP posts:
Lardlizard · 05/11/2019 23:52

He’s verbally abusive nasty and a wannabe bully he’s 62

OP posts:
Slinkymalinky1 · 06/11/2019 00:17

Gosh he sounds awful. Pretty sure 30to50 is right, however if he does come banging at the door, ignore it and he becomes threatening outside your door, absolutely ring the police

Lardlizard · 06/11/2019 05:46

He scared the kids last time as we had to tell them if he comes do not open the door dd heart was racing

OP posts:
NotSuchASmugMarriedNow1 · 06/11/2019 08:35

He sounds awful! Why on earth do you have anything to do with him?

Rubychard · 06/11/2019 19:29

You don’t have to physically touch someone in order to assault them. If someone causes you to fear that you might be hit, then that is an assault in itself (if that makes sense).

theboxfamilytree · 06/11/2019 19:47

Common assault.

Lardlizard · 07/11/2019 14:57

Really ? I didn’t know that

So it is illegal to threaten to throw something at someone ?

OP posts:
ProfessorSlocombe · 07/11/2019 16:28

Generally an assault is any action which causes another to "fear for their safety". In some cases a mere look can be adjudged assault, depending on circumstances. But it's that "circumstances" and what any witnesses report that would be the key to any hope of taking things further.

So it is illegal to threaten to throw something at someone ?

It can be illegal to just pretend to throw something with no words spoken, if it had the effect of making someone scared.

The classic finger-across-the-throat motion beloved of wannabee gangsters can be classed as an assault, again, depending on circumstances.

That said, there are other offences, such as threatening behaviour that might be more appropriate ..

www.cps.gov.uk/legal-guidance/public-order-offences-incorporating-charging-standard

is the fount of most knowledge.

Meruem · 07/11/2019 16:43

Sentencing guidelines is also a good website:
Fear or threat of low level immediate unlawful violence such as push, shove or spit
Band B fine to medium level community order
Fear or threat of medium level immediate unlawful violence such as punch
Low level community order to 12 weeks custody
Fear or threat of high level immediate unlawful violence such as use of weapon; missile thrown; gang involvement
6 to 26 weeks custody

www.sentencingcouncil.org.uk/offences/magistrates-court/item/threatening-behaviour-fear-or-provocation-of-violence-racially-or-religiously-aggravated-threatening-behaviour/

ComtesseDeSpair · 07/11/2019 16:52

If he’s repeatedly threatening you then the best course of action is to apply for a non-molestation order which prevents him from coming to your home or within a certain distance of you. Without that, the police probably aren’t going to be coming out to arrest him for saying “I’ll throw this cup at you!” or whatever during a family argument. If he’s legally prohibited from approaching you or your home, they would.

Lardlizard · 08/11/2019 00:04

Thank you
How do I go about getting a Non-Molestation Order
Do I have to see a solicitor or the police ?

OP posts:
Singlenotsingle · 08/11/2019 00:07

A solicitor, OP.

icouldwriteabook · 08/11/2019 00:07

Non Mal orders are about £1250 privately. Only way you get them most of the time through the police is with charge/conviction. You need to keep a harassment diary with dates times and exact speech. He is committing several offences, one being public order and Breach of the peace. He can be locked up for either. Best thing to do is report everything to the police and go from there

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