criminal-law family-law arizona
If you have pressed charges against someone for violating a court order, is it legal for them to threaten you?
<p>Let's assume the state is Arizona, both parties have 50/50 custody with a holiday custody exchange between 6pm-8:30pm. One parent (parent A) decided they don't want to see a child the previous year, but no verbal or written agreement exists to swap holidays. The following year, Parent A decides to abscond with the child during the 6pm-8:30pm holiday even after receiving a verbal warning (on camera) that parent B will press charges for violating a court order and custodial interference.</p>
<p>The police are called and they decide sufficient evidence exists to press charges.
Parent B agrees to press charges. The next day, parent B receives the following email from parent A:</p>
<p>&quot;This is a formal request to have you stop texting and/or calling my phone. The court order states that primary contact is through email only regarding topics about _______. By court order you had 30 days to give me the television which I never received and pay me $1680.65 which I was only given half. A money order in the amount of $500 and another money order in the amount of $300 totaling $800. Formally requesting the remainder in the amount of $880.65 plus interest which is accruing at the legal rate. I am also formally requesting the TV (television must be in the same condition upon the separation or a new one will be provided). If not, the authorities will be contacted to retrieve these items. If you cease and desist and drop the charges associated with Halloween, I will let you have ______ on Thanksgiving Day to make up for a missed holiday. I want a formal letter drawn up and notarized stating that you are in agreement with this action by both parties. If not, we will proceed with the current situation.Thank you.&quot;</p>
<p>Has Parent A broken any laws by attempting to coerce parent B from dropping the charges?
What liabilities if any does parent B have assuming that the property has been returned and payments are being made?</p>

<p>There are two relevant laws. The first regards <a href="https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/13/01202.htm" rel="nofollow noreferrer">threatening</a>, and involves physical injury / damage to person or property, or serious public inconvenience (e.g. bomb threats), none of which is applicable here. The second is <a href="https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/13/01804.htm" rel="nofollow noreferrer">theft by extortion</a>, which involves obtaining property or services, by certain means. The first 4 means are irrelevant since they involve actions that are crimes, if committed. The part relevant here is</p>
<blockquote>
<ol start="5">
<li>Accuse anyone of a crime or bring criminal charges against anyone.</li>
</ol>
</blockquote>
<p>The claim that the authorities will be contacted to retrieve the items is empty, because the authorities, once contacted, will say &quot;Go to court and get a court order&quot;.</p>
<p>The accusation and bringing of criminal charges has apparently already happened, before any would-be threat was made. It is not illegal to notify a person that you will <em>not</em> drop charges (request the prosecutor or police to close this case). Under the letter of the law, the thing that you can't do is <em>threaten</em> to bring charges against them. And furthermore, the law offers a defense:</p>
<blockquote>
<p>B. It is a defense to a prosecution under subsection A, paragraph 5, 6
or 7 of this section if a reasonable person would believe that the
property or services were obtained or sought to be obtained by the
threat of a reasonable accusation, exposure, lawsuit or other
invocation of official action</p>
</blockquote>
<p>which seems to be the case here (assuming that the letter correctly states the facts of the case).</p>
