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

Discussion in 'Criminal Law Forum' started by Deanna, 14 April 2015.

  1. Deanna

    Deanna Member

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    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.
     
  2. Rod

    Rod Well-Known Member

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    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.
     
  3. Tracy B

    Tracy B Well-Known Member

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    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.
     

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