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Law Pro
Law Pro, Lawyer
Category: Family Law
Satisfied Customers: 24869
Experience:  20 years practicing family law from divorce, custody, support, alimony to equitable distribution
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What recourse is available for blatant perjury in a civil (family

Customer Question

What recourse is available for blatant perjury in a civil (family law) case?
Submitted: 7 years ago.
Category: Family Law
Expert:  Law Pro replied 7 years ago.

Yes, you can pursue the matter - you can take the information to the DA's office and work with them about pursuing a perjury claim. You can file a criminal complaint yourself.

 

If the DA that you talk to won't take the case - then you have the right to appeal that and take it up within the DA's office.

 

Do you have a copy of the transcripts which would include his statements on the witness stand?

Customer: replied 7 years ago.
I was under the assumption the only cases the DA prosecute are provided by law enforcement. 1) How exactly can one appeal the DA if they don't choose to prosecute? 2) If the DA refuses, how does one file a criminal complaint pro per? I have the court dvd's of all proceedings and certified transcript for the case in the Court of Appeals.
Expert:  Law Pro replied 7 years ago.

What happens is that you file a complaint with an Assistant DA - it their ability to accept or reject the complaint. If they reject the complaint you have the ability to appeal their rejection of the criminal complaint.

 

Then I would take the evidence down to the DA's office and file a criminal complaint. Too, the judge should have done this if they were aware of the perjury themselves.