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LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37639
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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My ex is threatening to contact my job (I work as a doctor)

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My ex is threatening to contact my job (I work as a doctor) and reveal embarrassing information and tell them I am "mentally unstable" and presumably suicidal as she has defined in our current custody case. She is threatening to do this if I pursue an information subpoena with her employer to get $7000 she owes me from small claims.

Does this constitute coercion under New York penal code?

Good evening Gabriel,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

Yes, absolutely, under NY law, what your ex is threatening constitutes criminal Coercion. Here is the law:

N.Y. PEN. LAW § 135.60
Coercion in the second degree.
A person is guilty of coercion in the second degree when he or she compels or induces a person to engage in conduct which the latter has a legal right to abstain from engaging in, or to abstain from engaging in conduct in which he or she has a legal right to engage, or compels or induces a person to join a group, organization or criminal enterprise which such latter person has a right to abstain from joining, by means of instilling in him or her a fear that, if the demand is not complied with, the actor or another will: 1. Cause physical injury to a person; or 2. Cause damage to property; or 3. Engage in other conduct constituting a crime; or 4. Accuse some person of a crime or cause criminal charges to be instituted against him or her; or 5. Expose a secret or publicize an asserted fact, whether true or false, tending to subject some person to hatred, contempt or ridicule; or 6. Cause a strike, boycott or other collective labor group action injurious to some person's business; except that such a threat shall not be deemed coercive when the act or omission compelled is for the benefit of the group in whose interest the actor purports to act; or 7. Testify or provide information or withhold testimony or information with respect to another's legal claim or defense; or 8. Use or abuse his or her position as a public servant by performing some act within or related to his or her official duties, or by failing or refusing to perform an official duty, in such manner as to affect some person adversely; or 9. Perform any other act which would not in itself materially benefit the actor but which is calculated to harm another person materially with respect to his or her health, safety, business, calling, career, financial condition, reputation or personal relationships. Coercion in the second degree is a class A misdemeanor.

You may reply back to me again, using the Reply to Expert link, if you have additional questions.

I wish you the best in your future,


Customer: replied 4 years ago.

How do I deal with the police officers who do not feel that there is enough to arrest her at this time?

Good evening Gabriel,

You may go directly to the local prosecutor with the complaint. Go to the State Attorney General with a complaint that the local authorities are not enforcing the law.

You may reply back to me using the Continue the Conversation or Reply to Expert link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please remember to rate my service to you when our communication is completed.

I wish you the best in 2013,

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