What Is the Penalty for Perjury in Family Court

The opposing party started making wild accusations. She said I had been calumniating. She said I was unsafe with our children. She said I took money. My ex-wife was literally re-writing our history and lying under oath. How can I disprove something that never happened? Practise judges actually believe wild accusations with no proof? The worst part is that my soon to exist ex-wife would accept an event that actually happened and plough it into something information technology wasn't. If nosotros went to a family unit gather and the adults were drinking, now she was proverb everyone was fall downward boozer. She is telling the kids I'yard an alcoholic, and since they have seen me drinkable, they believe her. This is the worst sort of deception. What can I do?

The Other Party Lied in Courtroom, Does it Matter?

A. I go this question a lot. In a perfect world, everyone would ever be honest and the Courtroom would always be able to make a fair conclusion based on the common cold hard facts. Unfortunately, we exercise not alive in a perfect earth. Because family court involves high stakes, emotionally charged bug, information technology is not uncommon for people to think they tin can "get ahead" by exaggerating the facts, misleading the Court, or outright lying. Dishonesty is a terrible strategy, here, we review how to deal with an opposing party who has engaged in cant.
Your question brings upwardly a tough reality for people who take to disprove something that never happened and defend against the breach that can occur when a parent lies to the children about another parent. You have to go to a higher place and beyond to gather evidence to the contrary. Become intervention for your kids fast, and get a new status quo where the lying is recognized and punished past the judge.
Whether it it happened in Courtroom or on paper in i of the opposing political party'southward filings, if the opposing party has made a dishonest statement, chances are y'all feel you have been wronged and you want to concord them answerable.
When a client finds themselves in this position, unremarkably the first question they ask involves the word "perjury". Unremarkably, the question is some variation of the following: Isn't that perjury; Isn't that crime, what are the next steps?
If you lot can relate to these questions, there are 4 things you need to know:

1. Aye, if the opposing party has lied under oath, they take committed perjury, which is a offense;
2. Family court is separate from criminal court, to be charged with perjury, a prosecutor has to accept an interest in the case;
3. I have never heard of a party to a family constabulary case beingness charged with perjury;
4. It withal matters .

To sympathize why it matters, it is important to appreciate the wide discretion family court judges are afforded and the role credibility plays in shaping their decisions/rulings. At that place are very few family courtroom issues that are black and white. One of the reasons why attorneys add together immense value in family court is because of all of the grey areas. Grey areas leave room for the attorney to make creative arguments and recollect outside of the box; they too afford the judge, who is ultimately is the decision-maker, substantial leeway in determining the outcome.
For instance, the same approximate hearing two cases that are factually identical on paper may attain two completely different results. In fact, this happens quite frequently because while the facts may seem the same on paper, during the course of litigation, the judge develops impressions well-nigh the political party's brownie. Considering many family law issues boil downwardly to "he said/she said," often times the gauge's final decision boils down to who is more credible.
For this reason, I gladly welcome dishonesty from the opposing party, fifty-fifty if information technology is regarding "something small". Commencement, with proper cross-examination, judges tin unremarkably tell when a person is beingness quack considering people often lie without thinking about it all the style through. As a event, in my experience, information technology is mostly easy to poke holes in a person's story.

1. When you brainstorm asking them about details, it should become obvious they are "filling in the blanks".
2. Second, the judge does not require hard proof of a person'southward deception—mere impressions are sufficient to influence their rulings.
3. Third, there is a dangerous question that naturally arises when a person is quack or believed to be dishonest: if they weren't honest almost that, what else are they lying about (or hiding)?

Another of import thing to consider is A.R.S. §25-324, which governs the award of attorney'southward fees in family court proceedings. Under A.R.S. §25-324 (A), in deciding whether to award chaser'due south fees, the estimate must consider:

1. The comparative financial resources of the parties; AND
2. The reasonableness of the parties' positions.

Moreover, A.R.Due south. §25-324(B) requires the court to honour attorney's fees if information technology finds a party's petition:

1. Was not filed in skillful faith; OR
2. Was non grounded in fact or based on law; OR
3. Was filed for an improper purpose, such as to harass the other party, to cause an unnecessary delay or to increase the cost of litigation to the other party.

So, even though it is unlikely the other political party will be charged criminally, if they accept been dishonest, it will probably hurt their case essentially in the mind of the judge, and could potentially consequence in them beingness lodge to pay a portion of your attorney'southward fees.

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Source: https://mymodernlaw.com/what-happens-when-someone-lies-under-oath/

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