H went to see W to get an annulment. W said “If you take me to court, I’ll kill you.” After H filed suit, W went to H’s house and tried to open the door saying same thing.
Did W’s actions constitute assault? Can assault take place when there is only a conditional threat of violence?
"A show of force, accompanied by an unlawful or unjustifiable demand, compliance with which will avert the threatened battery, is an assault."
H was scared enough that she went to stay with friends. W threatened to kill H if she did something she had a legal right to do.
Decision in favour of plaintiff H.