While on a cell phone cell that was not recorded, my husband of whom I am separated with told me that...

Question

he would like to hit me in the face with a 2 x 4. And if he was allowed to have a gun (since he's on parole) he'd shoot me in the stomach. Would this be considered a threat in Houston, Texas.? This conversation was hours after he told me he still loved me.!!!!

Answer 1

Sadly, no.  This doesn't constitute a threat.  A threat is something that first of all must cause fear in the victim, which we obviously have.  However, there must be an immediate and imminent threatening action stated towards you.  For instance, "i'm going to kill you" would be a threat because it states an immediate and imminent action, but something like "If I had a gun, I would kill you" isn't because its a hypothetical statement and couldn't immediately happen.  

If I were you, I would tell a judge what happened on the phone and get an Order of Protection against him.  Don't talk to him, and change the locks on your doors if he has any keys to your house.  

I hope things get better for you!

Answer 2

The best thing to do is call your local police department and make a report. If there are charges that can come from this they will file them for you. That is the best thing to do as far as I can tell.

Answer 3

I would say YES, but according to law, Not technically...it is considered more "harassment" or in definition "bullying".

You may want to get a restraining order. He sounds unstable. Always inform the cops, so they will have a complaint on file each time, incase something happens, there is a track record of his actions. Be safe...not sorry.

Answer 4

It might be,

but where I live, the cops would say that's his freedom of speech.

Answer 5

Allie,

Based on what you have written it sounds like your ex may have violated section 22.07 of the Texas Penal Code which is entitled "Terroristic Threat".

The fact that he did this while he is on parole might just get him some more time in state prison.

I would call your local law enforcement agency and report this incident. I would also give a call to State Parole as well.

Good luck to you.

§ 22.07.  TERRORISTIC THREAT.  (a)  A person commits an

offense if he threatens to commit any offense involving violence to

any person or property with intent to:

(1)  cause a reaction of any type to his threat by an

official or volunteer agency organized to deal with emergencies;

(2)  place any person in fear of imminent serious

bodily injury;            

(3)  prevent or interrupt the occupation or use of a

building, room, place of assembly, place to which the public has

access, place of employment or occupation, aircraft, automobile, or

other form of conveyance, or other public place;

(4)  cause impairment or interruption of public

communications, public transportation, public water, gas, or power

supply or other public service;

(5)  place the public or a substantial group of the

public in fear of serious bodily injury; or

(6)  influence the conduct or activities of a branch or

agency of the federal government, the state, or a political

subdivision of the state.

(b)  An offense under Subsection (a)(1) is a Class B

misdemeanor.            

(c)  An offense under Subsection (a)(2) is a Class B

misdemeanor, except that the offense is a Class A misdemeanor if the

offense:

(1)  is committed against a member of the person's

family or household or otherwise constitutes family violence; or

(2)  is committed against a public servant.                                  

(d)  An offense under Subsection (a)(3) is a Class A

misdemeanor, unless the actor causes pecuniary loss of $1,500 or

more to the owner of the building, room, place, or conveyance, in

which event the offense is a state jail felony.

(e)  An offense under Subsection (a)(4), (a)(5), or (a)(6) is

a felony of the third degree.

(f)  In this section:                                                          

(1)  "Family" has the meaning assigned by Section

71.003, Family Code.      

(2)  "Family violence" has the meaning assigned by

Section 71.004, Family Code.

(3)  "Household" has the meaning assigned by Section

71.005, Family Code.  

(g)  For purposes of Subsection (d), the amount of pecuniary

loss is the amount of economic loss suffered by the owner of the

building, room, place, or conveyance as a result of the prevention

or interruption of the occupation or use of the building, room,

place, or conveyance.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.  

Amended by Acts 1979, 66th Leg., p. 1114, ch. 530, § 2, eff. Aug.

27, 1979;  Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,

1994;  Acts 2003, 78th Leg., ch. 139, § 1, eff. Sept. 1, 2003;  

Acts 2003, 78th Leg., ch. 388, § 2, eff. Sept. 1, 2003;  Acts

2003, 78th Leg., ch. 446, § 1, eff. Sept. 1, 2003.

Reenacted and amended by Acts 2005, 79th Leg., Ch. 728, § 16.003,

eff. September 1, 2005.

Answer 6

Definition of Assault - Texas Penal Code





Trackbacks § 22.01. ASSAULT.

(a) A person commits an offense if the person:      

(1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse;

(2) intentionally or knowingly threatens another with imminent bodily injury, including the person's spouse; or

(3) intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.