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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: 9263
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
Type Your Family Law Question Here...
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7 Family Lawyers are Online Now

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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

  • Does the father of my child have legal rights if we were unwed

    Does the father of my child have legal rights if we were unwed but is on the birth certificate in the state of Georgia?
  • Im 60 yrs old - female. I retired in 2009, I have 2 life long

    Im 60 yrs old - female. I retired in 2009, I have 2 life long pensions. I got married in 2002. When we married he moved into what was my home. After several years of marriage I put the title of the house in both of our names, since this being my house was a constant source of issues with him. He always referred to our home as my house. After we were married he sold his house in Morris, Il and invested the proceeds from that sale into an annuity, which is in his name. I have endured mental abuse for many years from him, I am his forth wife. He is a vietnam veteran who has always had a short wick and a bad temper. After some very ugly arguments and called horrible things, screaming at me, swearing and raging I told him he needed to get some help for his anger issues. I suggested that he probably had PTSD and hopefully the VA would have a program that could help him. I took him to the VA, and went through the entire process of getting him into their system. AFter he started to go on regular basis and he joined the VFW, where he was given advice from other veterans about filing for benefits. After filing several times, he got his benefits substantially increased because of the PTSD, and being in areas where agent orange was dropped. He goes to classes regularly, and is now in his 3rd time of going through a 12 week course. He has continued on the courses because - as he explained to me - he couldn't "graduate" from the previous ones because he still had so many issues. That is just laying a bit of background. During the first 7 years of our marriage I brought in the majority of the marital income. Since I have met him and all of the time we have been together he has worked for cash. Cash that was not disclosed (for the entire amount) on our tax filings. He started to collect social security when he turned 62, 3 years ago. Once his VA benefits were substantially increased, he cut his work for cash back to 3 days a week. His social security and benefits from the VA are directly deposited in our joint checking account, which is also where both of my retirement pensions are directly deposited. As a side note, the first year of our marriage I refinance my house for a better rate, and I got a better rate by borrowing more money than I owed on the residence. I used the extra money to pay off my vehicle, which was brand new and his brand new Harley Davidson. During the 26 years I was working for the State, I contributed as much money as I was able to into a deferred compensation plan. Once I retired I rolled over the funds, which were a little over 100,000.00 into a guaranteed annuity. That annuity is now approx 200,000.00. I have never drawn anything from my annuity. My husbands annuity - which started at 50,000.00 - is now a bit under 40,000.00. He has taken lump sum payments once a year on it. Once his VA benefits were substantially increased he stopped giving me any cash at all, I don't know where he puts the 600.00 a week (for 3 days of work) that get brings home. He feels this money is "his". Previously he had given me 200.00 in cash every week to purchase groceries. He said I needed to pay the household expenses out of the joint checking account - which I do. We had started going to a marriage counselor over a year ago. Once he lost his temper in our counseling sessions and became quite loud on more than one occasion he did not want to go see this counselor anymore. I continued to go looking for ways to deal with his anger issues. I have not had a good marriage, but felt this was something I was committed to living with. After over a year of watching him - get worse with his anger issues and not work at all towards resolving any of them I find I cannot go on any further living in fear. What I am worried about - is loosing my house. Loosing fund part of my annuity, and not being able to support myself in this house. I contributed the majority of the funds that got us to where we are now. In times of his anger when he is raising his voice at me, he has stated that he is going to get 1/2 of everything I have. I don't know if this is true or not.
  • Hi..I have been have been divorced since September 2008. We

    Hi..I have been have been divorced since September 2008. We had a business together but no kids. So the divorce was division of assests only. However I took my ex back to court for using my name and ss# ***** the 1120-S corp return to avoid paying taxes on approx. 500k. Yes the IRS did come after me for it. He also deposited 150K from an account in the Bahamas the day the final MSA was entered into court. After 3 attorneys I am pro se but have managed to get two two hour hearings with the senior judge within the last 30 days. I should mention ex also liquidated a pension for 250K that was to be transferred to me and yes he issued 1040's in my name so that I could pay the taxes on that too. The first hearing was with a magistrate which was dragged out over two years by opposing counsel. Ex got a favorable ruling but that has since been overturned by the senior judge that is now hearing the case. The judge asked for written closing arguments to be sent to her by Nov 7th. I went to the clerk's office to file my argument on the 7th, but they would notarize the document despite fact that the format was the same as opposing council. She did not get my argument until the tenth because I had to amend the doc so the clerk's office would file it. I do not know if I should let the judge know what had occurred or just leave it alone. I do know better than to whine or complain about court process. This last week I filed an Answer to opposing counsels closing argument and am now wondering if I should write a petition for the damages I am seeking or wait to hear back from the judge first on her ruling before doing anything else?
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