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Questions About Threatening

A threat is a communicated intention of an individual to cause harm to another. Threatening someone is an act of force or pressure that brings about a negative response.

Is threatening someone a crime and can legal action be taken against it? Below are some frequently asked questions about threatening and answers about how best it can be dealt with in an effective manner.

In Missouri, can an individual take a person to court for threatening to take the individual’s children away and for wrongly accusing the individual?

In such circumstances, the individual can file criminal charges against the person who threatens them. One can also sue the person civilly for harassment.

Is it legal for a parent - of an individual with a disability - to threaten eviction and cut off money if the individual does not sign a power of attorney to the parents?

The parents of an individual - who is an "occupant" on premise - can withdraw in writing, the person’s right to reside on premises at any time and seek an eviction. However, they cannot force the disabled individual to sign any forms such as Health Insurance Portability and Accountability Act (HIPAA). If the individual wishes to stay on the premises, what they seek would be allowed, as long as there is no force involved.

In the State of Virginia, what action can a person take when his wife is threatening divorce and also threatening to move out of the State with their children against their will?

Virginia is a Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) state which means that without a court order that opposes the same, a primary caretaker can move to another place with the child. The non-custodial parent, however, must be allowed to have ‘reasonable’ contact with the child.

Once the move is in effect, the non-custodial parent can file for custody in the state of origin (in this case, Virginia) for up to six months and any court proceeding would have to take place in the Virginia court.

The court’s order will be whatever is in the best interest of the children.

What are the rights of a person whose ex-spouse, who cheated on the person, threatens to stop paying child support for one of their children who feels harassed by the father?

If the ex-spouse stops paying child support as ordered by the court, it will result in contempt of court, a criminal offense that is punishable by way of a fine and jail.

In the case of the child feeling harassed by the father, the mother would have to file for a modification of the existing child custody to prevent the father from contacting the child unnecessarily.

Threatening can take place in various forms – emotional, physical and psychological. It can leave a negative impact on the individuals on the receiving end of the threats. In order to deal with threatening effectively, it is important to know one’s right, laws and legal procedures. Should you find yourself or someone you know in a situation of being threatened, ask the Experts who will address your queries to the best of their knowledge and understanding.

Ask a Family Lawyer

Ely
Ely, Counselor at Law
Category: General
Satisfied Customers: 9396
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
Type Your Family Law Question Here...
characters left:
2 Family Lawyers are Online Now

How JustAnswer Works:

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Family Lawyers are online & ready to help you now

Ely
Counselor at Law
Satisfied Customers: 8085
Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
LawTalk
Attorney and Counselor at Law
Satisfied Customers: 6424
27+ years legal experience. I remain current in Family Law through regular continuing education.
FiveStarLaw
Lawyer
Satisfied Customers: 6336
25 years of experience helping people like you.

Recent Threatening Questions

  • I learned that The State of Nevada is looking into garnishing

    I learned that The State of Nevada is looking into garnishing my wages for child support. I had lost all parental rights almost 10 years ago in Colorado thus severing all contact, and obligation for them under C.R.S 19-3-608. The children were assigned to my ex-mother in law in Nevada. Child support and care expenses owed prior to the severance were paid by me to Colorado totaling over $10,000.00. This ended when my parental rights were terminated and a refund for excess payments was sent to me by child services. Should I send them a Cease and Desist order siting Colorado Statutory Law?
  • My ex husband is $97,000 in arrears. We are going to court

    My ex husband is $97,000 in arrears. We are going to court soon. He is 47 years old. No assets- everything he has is joint. His truck is in his dads name, his business is in his parents name, his bank account is joint with his mother. He just got engaged.
    If he gets married- will all the assets he gets be in both their names so thus I won't be able to get repaid by assets at all??
  • Neither party was awarded spousal support but ex wife took out a loan and had automated pa

    Neither party was awarded spousal support but ex wife took out a loan and had automated payments taken from my account, can I sue her for the money she took out after the divorce.
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