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Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
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Experience:  25 years experience as practicing attorney
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In a legal proceeding that includes evidence of one count of

Customer Question

In a legal proceeding that includes evidence of one count of alimony fraud, numerous counts of contempt of the injunctive order, and more than one count of aggrivated perjury committed by the Defendant in a previous family legal proceeding, is it protocol for the Judge to referr the aggrivated perjury matter to the DA for prosecution or is the Plaintiff left to pursue it through the DA?
Submitted: 1 year ago.
Category: Family Law
Expert:  Dave Kennett replied 1 year ago.
Dear luvmyptcruiser - If perjury is committed in front of a judge or in the judge's court then it would be proper for the judge to turn the case over to the DA. If this was in a prior case then it should be the judge in the prior case who files the charges or brings it to the attention of the DA. The plaintiff has a right to raise the issue but in family law situations there are so many instances of lies or half truths that the DA will generally ignore requests by one of the parties to bring charges against the other. There simply aren't enough courts to handle all the complaints in this area of the law. Unless the judge in the case finds that the perjury was serious enough to bring to prosecution I doubt the plaintiff would be successful.
Customer: replied 1 year ago.


Understood. So, in a case where the evidence shows that the aggrivated perjury resulted in the incarceration of the Plaintiff, are the odds that the Judge may turn that element of the case over to the DA?

Expert:  Dave Kennett replied 1 year ago.
I would certainly think the judge would consider doing that if it is obvious that the person lied under oath and it resulted in an unfair incarceration. I never can predict what any judge will do so there are no guarantees.
Customer: replied 1 year ago.

Understood. Was looking for a gauge on a general standard. Kinda gives me a feel prior to consulting with an attorney on Tuesday. Thanks!

Expert:  Dave Kennett replied 1 year ago.
No problem. Keep in mind that private citizens cannot force the police or prosecutor to take a criminal case or file the charges so if they refuse there's little you can do but file a civil action against the person. Thanks for using our service. - Dave

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