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I am representing pro se in a contested divorce, there is…

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I am representing pro se...
I am representing pro se in a contested divorce, there is domestic violence present. I am looking to sanction my husband and his attorney for unnecessary litigation and stress. They objected to the order for general magistrate prior after i had already been representing pro se. i had a lawyer to start. I am concerned for my physical safety outside of the court room as well for the minor child's we share after a final judgement is entered. i will ask for a restraining order following, i have tried to seek one 4 times since the start of this divorce process and all were denied. i do believe my husband should be in jail for fraud through this whole process once all of my witness' can testify and to ultimately protect the minor child and myself. I am trying to prepare my documents before the next trial but i dont want to waste my energy if there is even the slightest chance the judge will arrest him immidately following testimony?does this happen at all in family court?
Submitted: 3 months ago.Category: Family Law
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Answered in 9 hours by:
3/23/2018
Family Lawyer: Sean K, Family Law Attorney replied 3 months ago
Sean K
Sean K, Family Law Attorney
Category: Family Law
Satisfied Customers: 866
Experience: Family Law Attorney in Private Law Firm
Verified

Hi, I’m Sean and I will be assisting you as an expert today. I’m an attorney with more than 20 years of experience. It is my goal to provide a solid overview of your situation. Whether the analysis is good or bad as to your matter, I want to make sure you understand any points you need and that you have options to better address the questions you have. If I am able, I will also provide you with some resources. Please note that the system, independent from me, may offer a phone call. You are not obligated to engage in a phone call, but I am happy to speak if you desire. This is completely up to you.

It sounds like you are involved with a husband that just isn't a nice guy.

Let's talk about the issue of the fraud and how that will play out with a family court judge and how you could use testimony in family court to hold your husband accountable for fraud in a criminal context.

First we start with the concept that family court is a civil process. This means that anything that is going to be decided will be with a civil court order and not a criminal context. As a result of this, family court judges cannot arrest people. Only if there is a particular finding can they even order people to be incarcerated. However this does not mean that if your husband testifies to fraud on the stand that it cannot be reviewed in a criminal context.

Here is how that would work (and what you could consider doing). If your husband testifies and you have witnesses testify, all of the parties will testify under oath in Court - (the judge will have them swear or affirm to tell the truth). More importantly, all of the testimony will be recorded by a Court reporter and you can, after the trial, request an official court transcript. This can be taken to the local prosecutor where the evidence of fraud can be reviewed and a determination of criminal investigation can be made.

Now, and this is very important, in a civil case such as a family court case, you cannot threaten criminal prosecution to gain an advantage, so you could not address this while the case is ongoing.

Now, back to the family court judge - how will they handle a case where it is proven that your husband has committed fraud? They would likely not believe his testimony as fraud has an element of dishonesty. If the judge believes your husband has not been truthful and believes you have then if it is a choice between his story and your's, they your position would likely prevail.

If the fraud is proven on the part of your husband, it also likely makes it easier to get a permanent restraining order. No guarantees, but courts do not like people who don't tell the truth.

So, would he get arrested in family court? Likely not, but you could use it as a excellent opportunity to have him dig himself a whole under oath that could be later presented to the states attorney. The care that must be taken is to make sure that you are able to prove the fraud. If you can do this, you have a lot to work with.

Please note: This is general information for educational purposes only and is not legal advice. There is no specific course of action is proposed and no attorney-client relationship or privilege formed within this conversation.

If you have any follow up questions it would be my pleasure to answer them. As experts we only get credit for the time and effort we spend on our answers if you rate us positively - 5 stars is definitely appreciated but not required! There is no cost associated with you rating me and you can still ask follow up questions after rating me and I will respond.

One final point, there may be a delay between your question and my answer; this is because I'm either not at my computer or helping someone else but rest assured, if you ask, I will provide an answer. Thank you again.

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Customer reply replied 3 months ago
Thanks for your advice. I am doing some research into case laws to bring into court. Could you give me any advice on how to use them and if there are certain rules to using them;
Family Lawyer: Sean K, Family Law Attorney replied 3 months ago

Certainly. Very straightforward. Let's say that you find a case that allows certain evidence to be used in Court and this supports your claim that evidence should be admitted. The way to present this at court would be.

1 - "Judge I believe this evidence should be admitted."

2 - "I would reference the case of X v. X where this issue was before the Court and the evidence was allowed in."

All you need to do is show the Court where there is a case that is similar to or like your case and tie the two together. It would help to print out copies of the case to have if the Court asks.

If you would, please take a moment and rate the experience you have had on JustAnswer. That is how I am evaluated on the site. 5 stars are always appreciated and I can still answer questions after rating.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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