VIC Financial Separation - Threats of Credit Card Fraud Considered Blackmail?

[Deanna]

My ex husband continually outside our solicitors that are handling our financial separation is sending me and my father emails that say if I don't pay a specific amount of money before set dates that he is going to have me charged with credit card fraud ( he says that i illegally spent money on it)
Is this considered black mail and what can I do about it?
He also continually tells the children that if they stop seeing him that I will be put in gaol for the credit card fraud.

He has even told my new partner that he is going to get me thrown in gaol.

 

[Rod]

Contact your solicitor about this issue. If there is truth to allegations you need proper legal advice. If there is no truth then your solicitor needs to write and send a letter to your ex.

 

[Tracy B]

Hi Deanna,

Further to Rod's response, a threat of initiating legal action or threatening to expose someone's illegal/unlawful activity is not unlawful in itself. It is also not considered blackmail.

If there is no merit to the alleged illegal/unlawful activities (i.e. the credit card frauds) then persistent communications of this kind may be considered a nuisance, but only if your ex-husband knows that there is no merit to the allegations. Therefore, Rod's comment is useful, talk to your lawyer and see if there is any merit to your ex-husband's claims.