Falsely Accusations - need help

[ArizonaLawQuest]

Arizona

I recently filed a petition to modify my child custody arrangement. After the other party received the petition, they sent me an email trying everything to get me to drop the case. They started the email by saying they were not trying to blackmail me, but to me that seems like what they are trying to do. Part of the email alluded to me having committed domestic violence (verbal abuse) and that they will be bringing forward a case of domestic violence. I am unaware of any domestic violence that I have committed.

Is this illegal? Is it illegal to try to get someone to drop a case by saying you are going to do something if they don't stop taking legal action. Is it blackmail, extortion, etc.? If the claim is false, is that worse? Is that defamation of character, etc.? Obviously, this is specific to Arizona.

I am just confused and I would like some clarification.

 

[Antigone*]

Arizona

I recently filed a petition to modify my child custody arrangement. After the other party received the petition, they sent me an email trying everything to get me to drop the case. They started the email by saying they were not trying to blackmail me, but to me that seems like what they are trying to do. Part of the email alluded to me having committed domestic violence (verbal abuse) and that they will be bringing forward a case of domestic violence. I am unaware of any domestic violence that I have committed.

Is this illegal? Is it illegal to try to get someone to drop a case by saying you are going to do something if they don't stop taking legal action. Is it blackmail, extortion, etc.? If the claim is false, is that worse? Is that defamation of character, etc.? Obviously, this is specific to Arizona.

I am just confused and I would like some clarification.

I suggest that you completely ignore the comments the other party is making. You have the legal right to initiate your action. I also suggest that you keep copies of all communications you receive, but like I said your best course of action is to NOT respond.

 

[ArizonaLawQuest]

Agreed, and I have done that. But do I have any legal recourse?

Thank you for all of your help.

 

[Ohiogal]

Agreed, and I have done that. But do I have any legal recourse?

Thank you for all of your help.

Nope. Not really. You proceed with your case. If they file their case, they have the burden of proof.

 

[ArizonaLawQuest]

Thank you for the help. I found this Wisconsin Statute, and I am not sure if there is laws like this in Arizona.

Whoever, either verbally or by any written or printed communication, maliciously threatens to accuse or accuses another of any crime or offense, or threatens or commits any injury to the person, property, business, profession, calling or trade, or the profits and income of any business, profession, calling or trade of another, with intent thereby to extort money or any pecuniary advantage whatever, or with intent to compel the person so threatened to do any act against the person's will or omit to do any lawful act, is guilty of a Class H felony.

It seems wrong that someone can threaten you with something, anything to get you to do something against your will and that not be illegal in any way.

For now, I will assume that I cannot, but from the above statute, it seems like some states have something like this on the books.