Full question:
I wanted to know if my ex is committing extortion. She is trying to place our child up for adoption and I refuse to sign the papers. She is filing small claims against me for money owed to her (living expenses) during the time I lived with her. I called her to inquire about the claim and asked her what did she want from me and she said, ' If you sign the adoption papers, then I will drop the small claim against you'. Can you help me with this issue?
- Category: Criminal
- Subcategory: Extortion
- Date:
- State: Florida
Answer:
The answer depends partly on whether there is a valid basis for the small claims action. A person commits extortion if they knowingly obtain control over another's property through threats, intending to deprive that person of their property. Blackmail is a specific type of extortion where someone threatens to reveal damaging information in exchange for money or other benefits.
In your case, if your ex is using the adoption papers as leverage to drop the small claims case, this could potentially be viewed as extortion. However, whether you can later void any agreement based on duress is subjective and will depend on the court's evaluation of the facts and circumstances.
Duress occurs when someone's will is constrained, forcing them to consent to something against their true wishes. The coercive actions must be significant enough to overcome the will of a reasonable person. Additionally, if you had a reasonable alternative and chose not to pursue it, that may affect your claim of duress.
In Florida, extortion is defined under Fla. Stat. § 836.05. It includes making threats to accuse someone of a crime or to harm their reputation to extort money or compel them to act against their will.
For your situation, it may be beneficial to consult with a legal professional who can provide guidance based on the specifics of your case.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.