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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 18739
Experience:  Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
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My divorce just became final the end of May 2012 (Fairfax,

Resolved Question:

My divorce just became final the end of May 2012 (Fairfax, Virginia). I have two (2) elements to address:
1) I was wondering if there is any legal recourse against my ex when she called the (Frederick County) police on me in August 2010 for being drunk, destroying our residence, and threatening her with a knife (all of which the responding officer(s) found to be false).
2) During her recorded deposition conducted by my attorney, she failed to answer quite a few questions truthfully. In this one instance, my attorney asked her "How much money did you send to the Ukraine via moneygram?" Her responses were from I don't know to sometimes a $100 for holidays and birthdays. In all actuality, over $26K send in 5 years without my knowledge.
If there appears to be legal action I can take, what are your recommendations.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Lucy, Esq. replied 1 year ago.
Hi,

My name is XXXXX XXXXX X'd be happy to answer your questions today.

1. If she knowingly filed a false police report, you have the right to file a civil complaint for malicious prosecution, once the charges are dropped. Your damages would be the costs of hiring an attorney, if any, or punitive damages. The fact that you remained married for almost two years after that actually hurts your case, though, because it suggests that you weren't terribly upset about the charges at the time (unless you actually moved out immediately, and the divorce itself took two years). The statute of limitations is three years. Filing a false police report is actually a misdemeanor, but the criminal statute of limitations is only one year.

2. Usually, the fact that she's lying is something that would be brought up at the trial, not after the fact. You can report it to the DA, but I'll be honest - perjury convictions are very rare. If the judge actually ruled in a manner that suggests that he accepted her testimony, that would make it even more difficult to address. In that case, you might be better off appealing the judge's verdict (you have 30 days - i'm not sure when in May the divorce decree was entered). But you can't sue her because she made untrue statements in court or you didn't like the outcome of the case, unfortunately.

I understand that you may be disappointed by this Answer, as it is not entirely favorable to your situation. However, it would be unfair to you and unprofessional of me were I to provide you with anything less than truthful and honest information. I hope you understand.

Good luck.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 18739
Experience: Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
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