Why Is No One Charged With Perjury in Family Court

The opposing political party started making wild accusations. She said I had been abusive. She said I was unsafe with our children. She said I took money. My ex-wife was literally re-writing our history and lying nether oath. How tin can I disprove something that never happened? Exercise judges really believe wild accusations with no proof? The worst part is that my soon to be ex-wife would take an consequence that actually happened and turn it into something it wasn't. If we went to a family get together and the adults were drinking, now she was saying everyone was fall down drunk. She is telling the kids I'm an alcoholic, and since they have seen me drink, they believe her. This is the worst sort of deception. What tin can I practice?

The Other Party Lied in Courtroom, Does it Matter?

A. I go this question a lot. In a perfect world, everyone would ever be honest and the Courtroom would always be able to make a fair conclusion based on the cold hard facts. Unfortunately, we do not live in a perfect earth. Because family courtroom involves high stakes, emotionally charged issues, it is not uncommon for people to think they can "get ahead" past exaggerating the facts, misleading the Courtroom, or outright lying. Dishonesty is a terrible strategy, here, we review how to deal with an opposing party who has engaged in cant.
Your question brings upward a tough reality for people who take to disprove something that never happened and defend against the alienation that can occur when a parent lies to the children about another parent. You have to get higher up and across to get together prove to the contrary. Get intervention for your kids fast, and get a new status quo where the lying is recognized and punished by the judge.
Whether it it happened in Court or on paper in one of the opposing political party's filings, if the opposing political party has fabricated a dishonest argument, chances are you feel yous accept been wronged and you want to hold them accountable.
When a client finds themselves in this position, normally the beginning question they inquire involves the word "perjury". Usually, the question is some variation of the following: Isn't that perjury; Isn't that offense, what are the next steps?
If you can chronicle to these questions, there are iv things you need to know:

1. Yeah, if the opposing political party has lied under oath, they take committed perjury, which is a crime;
2. Family court is separate from criminal court, to be charged with perjury, a prosecutor has to accept an interest in the case;
3. I accept never heard of a party to a family law case being charged with perjury;
4. Information technology notwithstanding matters .

To empathise why it matters, it is of import to capeesh the wide discretion family court judges are afforded and the role credibility plays in shaping their decisions/rulings. There are very few family court issues that are black and white. I of the reasons why attorneys add immense value in family unit court is because of all of the grey areas. Grey areas leave room for the attorney to make artistic arguments and retrieve outside of the box; they also afford the judge, who is ultimately is the decision-maker, substantial leeway in determining the upshot.
For example, the same gauge hearing ii cases that are factually identical on paper may reach two completely different results. In fact, this happens quite often considering while the facts may seem the same on paper, during the course of litigation, the guess develops impressions virtually the political party's credibility. Because many family law bug boil downwards to "he said/she said," often times the estimate'south final decision boils downwardly to who is more than credible.
For this reason, I gladly welcome dishonesty from the opposing party, fifty-fifty if it is regarding "something small-scale". Kickoff, with proper cross-examination, judges can usually tell when a person is being dishonest because people often lie without thinking nigh it all the way through. As a result, in my experience, it is mostly piece of cake to poke holes in a person's story.

1. When y'all begin asking them almost details, information technology should get obvious they are "filling in the blanks".
2. Second, the judge does not crave hard proof of a person'southward charade—mere impressions are sufficient to influence their rulings.
3. Third, in that location is a dangerous question that naturally arises when a person is dishonest or believed to be dishonest: if they weren't honest about that, what else are they lying well-nigh (or hiding)?

Another of import thing to consider is A.R.S. §25-324, which governs the award of attorney's fees in family courtroom proceedings. Under A.R.Southward. §25-324 (A), in deciding whether to award attorney'due south fees, the estimate must consider:

1. The comparative fiscal resources of the parties; AND
2. The reasonableness of the parties' positions.

Moreover, A.R.S. §25-324(B) requires the courtroom to award attorney's fees if it finds a party's petition:

1. Was not filed in good organized religion; OR
2. Was not grounded in fact or based on constabulary; OR
3. Was filed for an improper purpose, such as to harass the other political party, to cause an unnecessary delay or to increase the cost of litigation to the other party.

And so, even though it is unlikely the other political party will exist charged criminally, if they have been dishonest, information technology will probably hurt their example substantially in the mind of the judge, and could potentially result in them being guild to pay a portion of your attorney's fees.

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Source: https://mymodernlaw.com/what-happens-when-someone-lies-under-oath/

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