Blackmail. Spouse is threatening you with inappropriate pictures and/or videos. Unless you act now, the children will see the photographs. Your ex-spouse will show the kids your inappropriate images if you don’t give in. Those offensive photos or videos are being held over your head by your ex. Those inappropriate images are acting as a lever.
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If you give in to the blackmail, your ex will have complete influence over you going forward. The other parent will get the better of you. The best course of action is to speak with your lawyer. Your attorney will present your predicament in court. The other party can be made to testify about the blackmail. The likelihood that the opposing party won’t be able to explain it is very high.
What is blackmailin a divorce case?
The Michigan Penal Code classifies blackmail as a particular form of extortion. Extortion is when someone makes threatens to do harm. The parties committing extortion to target you, your loved ones, or your property. Threats they make good unless you give them what they want. Blackmailers threaten to reveal humiliating or damaging information about you. They do so unless you agree to their demands.
Accessibility and portability of the internet and mobile phones have made blackmailing easy. People can’t help taking pictures or videos of their private and intimate moments. Those intimate moments can become public anytime through your mobile phone. Law enforcement is starting to deal with cases called revenge porn.
Many people mistake extortion for blackmail, as Michigan extortion attorneys are aware. Particularly considering that they both entail the use of threats to compel someone. They force people to make a payment, render a favor, or perform an action. Threats of the revelation of humiliating or incriminating material are used in blackmail. Extortion frequently entails the threat of harm, injury, or property destruction. Extortion entails threats of physical violence rather than merely threats of embarrassment.
The sharing of sexually explicit content is now simpler than ever. Thanks to the growth of mobile internet access, camera phones, and social media. Some people publish naked or pornographic images or videos of themselves. They give it to intimate partners or enable others to do so.
But problems could arise in numerous ways. Intimate connections end. Or explicit pictures or films get into the wrong hands. Blackmail aims to punish, coerce, or silence the subject. Those in possession of sexually explicit footage can do that. They can distribute the photographs or films without the victim’s consent. The frequency of reports of this behavior to law enforcement is increasing. They call it “revenge porn.” This form of blackmail can be used against you.
In divorce, blackmail is used for unfair leverage. Maybe to get a better custody arrangement. It can be a larger share in the distribution of assets. You may think this is just a tactic for negotiation. Talk to your attorney. You are about to find out the thin line between legitimate negotiation and criminal intent.
Can I use embarrassing or criminal information about my spouse in divorce negotiations?
An attorney in a breach-of-contract case accuses the other party of a separate crime. The attorney threatens to report the theft to the police. The attorney is going to do it if the other party rejects the attorney’s settlement demand. The attorney may be guilty of extortion. If there are shreds of evidence like pictures or images of the crime this can be blackmail.
Lawyers frequently use settlement demands as a way to settle matters. An approach used without incurring the time and expense of protracted litigation. The phrasing of a settlement demand may occasionally cross the line. A straightforward bargaining tactic may turn out to be unlawful extortion. This is especially true when a threat of legal action is included in the settlement demand.
The discussion of the other party’s criminal activity may be essential. It may be to the settlement talks in a divorce. It would be challenging for a lawyer to represent the victim of a sexual assault. The attorney may need to disclose the case’s facts in a settlement demand. The attorney might insinuate that the defendant had engaged in unlawful sexual activity.
Attorneys must proceed with caution when submitting a settlement demand. More so if it includes a charge of criminal behavior. The reference must be made in good faith and with honesty. It must be framed with a reasonable belief that it is relevant and necessary for the settlement.
Insinuations about extortion and blackmail have highly subjective thresholds. Lawyers might want to reconsider their settlement demands in close-call circumstances.
What to do if you are being blackmailed by your ex-spouse?
Try to maintain your composure first. It’s critical to keep in mind that blackmailers rely on your fear. They rely on your belief that you have no other choice but to follow their demands. Defy the desire to give in. Here are some more options for you:
Consult a lawyer.
This is crucial if your blackmailer has threatened to reveal information about you. Incriminating information compromising you with authorities or embarrassing you in the media. A lawyer can help you avoid self-incrimination by giving you advice on what to say and what not to say. Your attorney can disarm them by bringing them to court. Let the other party do the explaining to the judge.
Report the crime.
Nowadays, blackmail is now committed online. Allow authorities to investigate and attempt to apprehend the blackmailer. Do it before they cause harm to anybody else. It is important that you notify them if you have been the victim of blackmail.
Secure your online accounts.
On all of your accounts, change the passwords and security preferences (email, social media, bank, etc.). Make it harder for the blackmailer to find out more about you. Or get access to your accounts in the future.
Gather evidence.
Try to gather proof of the blackmail if you can. Keep emails, text messages, and recordings of phone calls. If the matter goes to court, the evidence will be useful to the prosecution as well as the police in their inquiry.
See a therapist.
If necessary, speak with a therapist or counselor. Being blackmailed may be an extremely terrible event. Discuss it with someone who can support your healing process. Help you process your emotions.
Enlist support.
Enlist the aid of a family member or acquaintance you can trust. This person may be able to offer moral support during this trying period.
Blackmail requires proof that the crime was committed. To investigate the case, local law enforcement will first need to gather proof. Only then can they get involved.
A blackmailer must have evidence against you. And demand something in return for silence. Usually, this entails paying thousands of dollars to keep a secret. This secret is something that is unlawful. It could cause disgrace or humiliation. Law enforcement will look into the situation. They can file charges if the victim can prove that the blackmailer committed the crime.
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