Extorsion?

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Extorsion?

Postby pointmasteriam » Mon Jan 17, 2005 7:24 pm

Ok, Extorsion? If the mother and I split up and she moved away and demended money or I cannot see my children, would that be considered extorsion in the court?

Secondly, if she filed a DCFS claim and 2 OP's to prevent me from seeing my children just because I had not paid her any support (we had not been to court yet for that to be determined) would that be extorsion as well?
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Postby Josh » Mon Jan 17, 2005 7:34 pm

Yes, it is. Do not give her any money until ordered. Until a custody order is in place she can play games. The money is your lever to bring her to heel and make her more malleable and easier to work with. Use it.
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Postby pointmasteriam » Mon Jan 17, 2005 7:43 pm

Ok well, I didn't pay her any money back then, I have since been ordered too after I didn't get to see my children for 4 months. She has Temp Custody and I am paying, but how can I prove that she told me that if I did not pay, then she would take extreme measures to ensure that I don't see my kids. She ended up doing just that.
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Postby Pete » Mon Jan 17, 2005 7:47 pm

Mike, until the court orders otherwise, you have the legal right to exercise your court ordered < parenting time >. She cannot deny you your legal right for non payment of attempted extortion. Show up with the most recent order and the police and excercise your rights. If you fail to exercise your rights, she can then use it in her favor....Well, he did not demand to see them so he agreed with me (or some other woman logic)

Good luck Mike.
Don't worry about what you cannot control. Focus on what is legally relevant, not morally indignant or petty.
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Postby pointmasteriam » Mon Jan 17, 2005 7:57 pm

At the time Pete, there were no court orders for anything. We went to court in February of 2004 and agreed that we were going to share the oldest 50/50 until the youngest gets medically cleared, and no support was orderd. Well, her atty did not file it and therefore the courts said that since it had not been filed then it was not legal. I think her atty knew the system better than I. But anyway, she told me in April that if I did not pay her anything, then she would make sure I didnt see my kids, and she did. For 4 months. Now that our Final hearing is approaching, I would like to be able to show extorsion. Is that possible this late in the game, considering I have already shown my case minus rebuttal?
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Postby Pete » Mon Jan 17, 2005 8:04 pm

It will be difficult to prove extortion--as in this case it does not constitute "legal" definition of extortion.....

If you have recorded phone calls, or unbiased witnesses who heard her make these threats...then now is the time to bring it up.

I can only assume you would have made these claims earlier in your case if they had happened at that point.

What I fear happening is her denying extortion and claiming that you did not exercise your rights----voluntarily not exercising your rights would be basis to be granted only minimal < parenting time >.

It would depend on her claims to the effect. If you are presented with an opportuntiy to "defend" on lack of exercising your rights, you can note that she refused access on the basis of non-payment of support. However, since the support was effectively not court ordered---it did not even exist.

With no orders in place regarding custody or support....she has no basis to threaten no parental acccess for nonpayment...and you had no reason not to exercise your parental rights.
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Postby Lawmoe » Mon Jan 17, 2005 10:31 pm

It is not extortion. It may, however, be perjury if she fabricated a story to obtain an restraining order. unfortunately, you would have to prove conclusively the lie and even then, it is rarely prosecuted.

If you are waiting for criminal charges to be filed for either perjury or extortion, you are tilting at windmills. Those are not issues that will be prosecuted.

Aggressively defend against the restraining orders. Make your arguments in Court and raise the issue of the other parent using the children as pawns in the legal proceedings. That issue bears directly on custody and parenting time and may have a significant impact iun Court
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