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LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 7453
Experience:  Experienced Family Law Attorney
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I have an ex-girlfriend who after serving her with a

Customer Question

I have an ex-girlfriend who after serving her with a lawsuit, made libelous untrue statements in writing about me to both the court where the lawsuit was filed and to family court to obtain a restraining order to keep me from being able to mail court documents to her...
Submitted: 11 months ago.
Category: Family Law
Expert:  LegalGems replied 11 months ago.

Unfortunately false statements made during legal proceedings do not constitute defamation though they can expose the person to the criminal charge of perjury. More effectively, a motion for sanctions can be brought in the underlying case and if the judge finds that the person's statements caused additional legal fees they can order that party to pay the other partys's legal fees, in addition to imposing a fine.

Customer: replied 11 months ago.
Because of her statements in the underlying civil case, she has now been dismissed as a defendant, because my former attorney advised me not to even acknowledge her claims because they were so ridiculous, and now it is at the appeals court. Am I able to motion the Superior Court or Court of Appeals for sanctions against her at this stage or do I have to win the appeal first and then file a motion with the Superior Court?
Expert:  LegalGems replied 11 months ago.

Sanctions can oy be ordered against a current party. The sanction issue would typically be addressed in the response once one became aware of the allegations. One could attempt to get a perjury charge but that is not very common as typically sanctions when it occurs is the common response.

Customer: replied 11 months ago.
What would the process be to attempt to get a perjury charge?
Expert:  LegalGems replied 11 months ago.

Information would be presented to the local prosecutor and they would determine if there was sufficient justification to bring it; most prosecutors don't pursue these, unfortunately, due to a lack of resources.

Expert:  LegalGems replied 11 months ago.

Criminal codes re: perjury:

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=118-131

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