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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1  
Old 09-19-2012, 10:44 AM
penniless penniless is offline
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Default Ex caught perjurying himself after perging his contempt

The judge purged his contempt for failing to file his taxes but the judge also made it clear he was going to be penalized for his behavior

I was allowed to ask questions of him afterwards.

I asked 4 questions, 2 of which he lied too.

1)He said my former lawyer did not tell him he needed to to hand in his taxes prior to the date on the final order even if he had no income, which he did. Evidence was an affidavit I had from the lawyers assistant

2)That the judge 2 years ago didn't threaten to strike his record if he didn't hand his tax documents in by the next court date, which he did. Evidence was a judges endorsement I had

I handed in evidence proving he did so.

He blatantly lied on the stand so that his punishment would be lessened

The judge adjourned the case right after I handed in evidence. What steps should I take, concerning the perjury?
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Old 09-19-2012, 11:01 AM
HammerDad HammerDad is offline
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What do you want to happen to your ex?

Purgury is a criminal matter and your ex could be fined or end up in jail. Do you want that?
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Old 09-19-2012, 11:05 AM
sahibjee sahibjee is offline
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I know it would drive you crazy, but in my understanding the judge may have gotten angry but adjourned to avoid letting his anger send your ex to jail etc.

my ex and her liar both lied bold faced to the judge, i did the same thing: handed documents proving it to be a lie. the judge didnt even say a word about it. just completely ignored that she was lied to!

in the beginning i did believe that the judges would care, but it looks like they really dont.
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Old 09-19-2012, 11:07 AM
OrleansLawyer OrleansLawyer is offline
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just completely ignored that she was lied to!
There is nothing for the judge to do besides consider the evidence. It will have had an effect on their credibility, which damages their case.
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Old 09-19-2012, 11:10 AM
murphyslaw murphyslaw is offline
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Hammerdad im confused by your logic.Do you also believe that women who file false claims of spousal abuse should be left scot free and not face justice either?The legal system is supposed to be built on honesty and fair play.When you enter into legal proceedings ,you know the game rules,they are there for your protection as well as the other party.It isn't a joke

.Do people who lie on their tax returns not deserve what they get either?(Its most likely not going to be too serious a punishment anyway.Community service max).My ex lies and lies and lies and nobody seems to care how often his lies are proved false....
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Old 09-19-2012, 11:11 AM
sahibjee sahibjee is offline
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Originally Posted by OrleansLawyer View Post
There is nothing for the judge to do besides consider the evidence. It will have had an effect on their credibility, which damages their case.
it was a motion judge, i doubt she would have written this in her notes or reason for judgement, could these (verbal) lies be brought up at the trial?

arent lawyers bound by some sort of code of conduct that bounds them not to lie? my ex and her lawyer are both in a death race to win the "champion of liars" award
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Old 09-19-2012, 11:14 AM
murphyslaw murphyslaw is offline
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Originally Posted by sahibjee View Post
it was a motion judge, i doubt she would have written this in her notes or reason for judgement, could these (verbal) lies be brought up at the trial?

arent lawyers bound by some sort of code of conduct that bounds them not to lie? my ex and her lawyer are both in a death race to win the "champion of liars" award
My ex and his lawyer have got to get entered into that race
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Old 09-19-2012, 11:23 AM
HammerDad HammerDad is offline
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Originally Posted by murphyslaw View Post
Hammerdad im confused by your logic.Do you also believe that women who file false claims of spousal abuse should be left scot free and not face justice either?The legal system is supposed to be built on honesty and fair play.When you enter into legal proceedings ,you know the game rules,they are there for your protection as well as the other party.It isn't a joke

.Do people who lie on their tax returns not deserve what they get either?(Its most likely not going to be too serious a punishment anyway.Community service max).My ex lies and lies and lies and nobody seems to care how often his lies are proved false....
Did I say anything about any of that? Simply asked what the OP wanted to accomplish and noted that pergury is a criminal offense with punishment by fine and/or inprisonment.

This will obviously effect the OP's ex's credibility, thus gain the OP ground in their trial. This is also something that family law judges see each and every day and do nothing about outside of take it into consideration when determine credibility.

The reality is, unless the pergury is blatent and extreme, a judge is unlikely to do anything about. Same goes for women who make false accusations. The judges won't do much unless it is extremely damaging to the other party outside of how it effects that persons credibility.

It sucks, I hate it when people lie. But in instances like this, the punishment must fit the crime. Unless the OP was extremely adversely affected, there is little reason to impose criminal charges.
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Old 09-19-2012, 11:36 AM
OrleansLawyer OrleansLawyer is offline
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arent lawyers bound by some sort of code of conduct that bounds them not to lie?
Lawyers cannot lie to the court. Doing so opens them to being reported to the law society.

Keep in mind, if they are representing your ex's story - and the facts as he told them - then they will be viewed as mistaken, not lying.
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Old 09-19-2012, 12:03 PM
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Tayken Tayken is offline
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Originally Posted by OrleansLawyer View Post
Lawyers cannot lie to the court. Doing so opens them to being reported to the law society.

Keep in mind, if they are representing your ex's story - and the facts as he told them - then they will be viewed as mistaken, not lying.
But, should the lawyer in question, who was "mistaken" be caught repeating the same "mistake" in oral arguments again or allowing their client to swear an affidavit to the "mistaken" information in the future then the LSUC should be called on to investigate their conduct.

Mistakes on a specific detail happen once. Lies are consistent and repeated.

Also, think about the credibility that the client now has with their lawyer too. They miss represented a fact to the lawyer, the lawyer raised it as a fact as stated by their client to them and the opposing party provided cogent and relevant evidence (documents) that directly abolishes the lawyer's argument which was premised on their clients "belief" that what they were told was "truthful".

Now, depending on the "mistake", a good lawyer should leave the file. A negative advocate lawyer will roll with the punches and continue to take every "belief" with no supporting "evidence" as "truthful" from their client and continue the conflict.

It is always interesting to see negative advocate lawyers waving their fingers in court for a 10 minute statement to a judge and a one line response from a solutions oriented lawyer produce counter evidence that the last 10 minutes of "telling it to the judge" was a waste of everyone's time because they didn't bother to check the "facts". Real evidence, not just a statement of "belief". (A document that is authentic, medical report/medical records, email, our family wizard, social media posting, previous year's tax return for the opposing lawyer's client, the opposing lawyer's client's job contract, etc...)

Good Luck!
Tayken
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