perjury

[808]

could someone tell me how much does perjury afects a case?

example : My EX filed a exparte R.O on me which i won .ON the  R.O paper it say if she new of any custody maters of this child and she said no on the paper which she new shegot served papers way before this R.O was filed?
Also she stated that the restraining order had errors which there was no errors.
now that i can go for custody
 WILL THIS AFFECT THE CASE A HOLE LOT ? and favor my side?

[socrateaser]

>could someone tell me how much does perjury afects a case?
>
>example : My EX filed a exparte R.O on me which i won .ON the
>R.O paper it say if she new of any custody maters of this
>child and she said no on the paper which she new shegot served
>papers way before this R.O was filed?
>Also she stated that the restraining order had errors which
>there was no errors.
>now that i can go for custody
> WILL THIS AFFECT THE CASE A HOLE LOT ? and favor my side?

Nothing will affect your case a "hole" lot, because a "hole" is something that you dig in the ground, while a "whole," is a measure of size (two halves = one whole).

OK, so much for the grammar issue. Perjury is the (1) intentional (2) misstatement of a (3) material fact made (4) under oath in a (5) legal proceeding.

If the statements made by the other party on R.O. were material facts, which means that they must have tended to make a fact at issue in the matter before the court more or less likely, then that would satisfy element #3. I don't know the answer to this question, so I don't actually know if the element is satisfied.

As the statements were made in an affidavit for a restraining order that would satisfy elements #4-5.

Now, the question is, were the statements false? I will take your word for them being false, which would satisfy element #2.

Finally, were the statements made intentionally, or were they inadvertent errors? I don't know about this either, so I can't comment intelligently about element #1.

But, let's say that all the elements are satisfied. There's just one more thing you need, and that is: the public prosecutor must file charges or obtain an indictment against the perjurer. This is because Perjury is a criminal offense, and in a family law court, which is civil, there is no one to prosecute the case, unless you file a complaint with your local county district attorney (who will very likely pat you on the head and tell you you're wasting your time with an issue that doesn't really affect the public interest).

The only other person who can raise the perjury issue is the judge. And, apparently, he/she didn't think it was worth pursuing, because he/she didn't find the other party to the R.O. in contempt for making material misstatements under oath before the court.

What's left is the possibility that you could use the statements made as evidence in a later proceeding to show that the other parent is deceitful/dishonest and therefore not a fit parent. However, the misstatements on the R.O. must be pretty severe before the court will give them much weight, and from what you've posted, I'm not seeing much that would impress a judge.

But, if some new pleading is put forth and it also contains material misstatements of facts, then you may have something, because that may show intent to do a deceitful act (also known as "scienter," in legal circles), and if the court believes that the other parent is dishonest to this extent, that could give you some weight in your favor during a custody action.

Otherwise, you is wastin' you're time on this issue.

Hope that helps.

[808]

Now, the question is, were the statements false? I will take your word for them being false, which would satisfy element #2.
 Yes it is false because i have papers from the sherif showing proff of service on feb 23 and she file the restraining order on the 28th of Febuary.

Finally, were the statements made intentionally, or were they inadvertent errors? I don't know about this either, so I can't comment intelligently about element #1.
It has to be intentionally because she filed right after i served her. Would that restraining order delay thing for me in my custody case if the restraining order was placed on me  ?I think that was her intensions


She also made coments that the court made errors and states  that the first restraining order that was made against me was voided which i have the judges signature saying that the case was dismissed and did't have no errors or was voided

also if i already have 2 RO which both got dismissed is that going to be a plus for me?



sorry for my grammer and spelling

[socrateaser]

>She also made coments that the court made errors and states
>that the first restraining order that was made against me was
>voided which i have the judges signature saying that the case
>was dismissed and did't have no errors or was voided
>
>also if i already have 2 RO which both got dismissed is that
>going to be a plus for me?

It is only useful as evidence to show that the other party is hostile and vindictive without good cause. This could work well as evidence re fitness to parent, but other than that, it is not particularly relevant.

>sorry for my grammer and spelling

You need to work on it. If the other parent also has difficulty conveying her thoughts in English, this could be the reason why the statements in the affidavits for the restraining orders about which you complain, contain errors, i.e., inadvertant errors, the result of poor English skills.

[808]

You need to work on it. If the other parent also has difficulty conveying her thoughts in English, this could be the reason why the statements in the affidavits for the restraining orders about which you complain, contain errors, i.e., inadvertant errors, the result of poor English skills.

not that type of errors, she was saying the court made the errors


thanks SOC