Legal Question in Family Law in Missouri
A person with a mental illness is being abused by their husband/wife. The husband/wife has threatened to use that mental illness to have their children taken away if the other person tries to leave them. If this person were to report their husband/wife to the police for their abuse and blackmailing them, would they still be committed or detained, or would the police deal with the reported grievance alone?
1 Answer from Attorneys
Reporting abuse to the police, is not grounds for finding the reporter to be too mentally ill to care for their chidlren. You should not avoid reporting abuse. However, emotional "blackmail" is not a crime, and probably does not amount to abuse. If while answering a call or investigating an abuse charge, the police see things that make them concenred for the safety of children in the home, they must take steps. You did not say how the mental illness affects how the person interacts with the kids or other people. If it puts the chilren at risk, both parenbts should wnat what is best for the kids.
Good luck
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