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Law Pro
Law Pro, Lawyer
Category: Family Law
Satisfied Customers: 24870
Experience:  20 years practicing family law from divorce, custody, support, alimony to equitable distribution
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My daughter (6 yrs old) told me that my ex wife told her that

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My daughter (6 yrs old) told me that my ex wife told her that she wanted to kill me. Then proceeded to bang pots and pans on the counter to the point at which she broke the stove and her own finger. Do I have any grounds to press charges against my ex wife for harassment, child endangerment, creating a hostile environment.....?
Submitted: 6 years ago.
Category: Family Law
Expert:  Law Pro replied 6 years ago.
I'm not sure that you do have the ability to file criminal charges against her. Certainly the police would have acted after you informed them of the matter but didn't.

People say things in exasperation without really meaning them - that could be the circumstances here.

Moreover, she has to take some overt action to perpetrate the declaration. If she doesn't take or make an overt action - then it's not actionable either.

You do have cause to modify the existing custodial order and limit her custodial time because of her statements - that would be a violation of the implied conduct within custody order.

Certainly the judge would severely reprimand her and point out that further statements could result in her losing custody altogether.
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