Questions About Threatening
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.