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  1. #1

    Default How to Sue My Ex for Perjury

    My question involves criminal law for the state of: california

    I had a domestic violence cased ended two months ago, charge is 273.5(a), PC. The result was downgrading felony charges to misdemeanor. The problem is that my ex wife lied a lot in the police report, say, I slap her one time she lied as 10 times. And she lied the violence was in front of our 5 months baby, but it can be proved that the fight location was not in baby's room.

    So I want to sue her for perjury. Since this faked police report had great affluence on my divorce case in family law. For example, the mediator in family court said the violence was in front of the baby since my wife said so to her, I said my ex is lying but I believe the mediator would like to trust the violence is in front of the baby. My ex is suing me another civil law suit with her insurance company for more compensations for her, I believe that fake police report will put me in bad situation again.

    How can I do? Sue her in criminal court or talk with DA about this? If I sue her, does it mean DA has to reconsider my sentence and do the case again? I do need your help. Thanks.

  2. #2
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    Default Re: Domestic Violence Case Ended but Want to Sue for Ex's Perjury,california

    What actual proof do you have that she lied?

    What did your attorney do with this proof?
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  3. #3

    Default Re: Domestic Violence Case Ended but Want to Sue for Ex's Perjury,california

    Thanks,

    I and my lawyer did not go to the trial stage since we plead bargin to misdemeanor. I do not think my lawyer show the evidence to DA.

    Her medical report shows very light hurt on face while she claimed I beat her on face 10 times. There was blood mark in the first floor where the fight happend. While the baby was in the second floor bedroom where there was no blood mark. The blood mark was pictured by police.

  4. #4
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    Default Re: Domestic Violence Case Ended but Want to Sue for Ex's Perjury,california

    You have no case against your ex. The facts in evidence are just that. Now considered facts.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  5. #5
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    Default Re: Domestic Violence Case Ended but Want to Sue for Ex's Perjury,california

    Quote Quoting fairca
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    Thanks,

    I and my lawyer did not go to the trial stage since we plead bargin to misdemeanor. I do not think my lawyer show the evidence to DA.
    The fact that you pled guilty to DV is going to make proving that she lied pretty difficult.

    Plus, you do not have perjury, you have a false report to the police. But, even if she was wrong and you only hit her 5 times not 10, so what? All you needed to do was hit her once. Being mistaken when talking to the police is not likely to result in damages - especially since you cannot prove that you did NOT hit her ten times.

    Her medical report shows very light hurt on face while she claimed I beat her on face 10 times. There was blood mark in the first floor where the fight happend. While the baby was in the second floor bedroom where there was no blood mark. The blood mark was pictured by police.
    And her attorney can argue that she did not bleed until she moved to another room ... it doesn't prove she made a falsehood.

    Clearly you got very lucky that they dropped the matter to a misdemeanor. If you drew blood, you should have been charged with the felony. But, if you have not yet been sentenced you can always tell your attorney that you want to drop the deal and go to trial on the felony. Your call ... but, prison could very well be in your future if you do.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    End of Watch: Deputy Danny Oliver

    End of Watch: Detective Michael Davis, Jr.

  6. #6

    Default Re: Domestic Violence Case Ended but Want to Sue for Ex's Perjury,california

    Thank you guys.

    So can I just ask for a change of the police report on that? I am most concerned about that I did not slap her in front of the baby.

    The blood was impossible only dropped in the first floor while slap happened in the second floor becuse the blood mark was in a distributed way not just one blood drop. When she came down from 2nd floor to 1st floor, it was very unlikely the blood did not drop on the carpet in the stairs from 2nd floor to 1st floor.

    If she making use of this false police report to again me in the family court. Is there any way to protect myself? The law should be fair to me also, right?

  7. #7
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    Default Re: Domestic Violence Case Ended but Want to Sue for Ex's Perjury,california

    ..can I guess that you're in the middle of a custody dispute, too?

    I'm sorry, but the conviction is going to weigh far more heavily than the original police report.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  8. #8

    Default Re: Domestic Violence Case Ended but Want to Sue for Ex's Perjury,california

    No, I am not in the middle of custody dispute. I was in the jail for 10 days. Now I am taking DV courses. One thing to mention is that before the incidence I was going to 2 treatments for mode control problem but they are not psychiatrist treatment but accupuncture treatment. Does it help the future family court restitution?

    Thank you.

  9. #9
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    Default Re: Domestic Violence Case Ended but Want to Sue for Ex's Perjury,california

    Quote Quoting fairca
    View Post
    Thank you guys.

    So can I just ask for a change of the police report on that? I am most concerned about that I did not slap her in front of the baby.
    No. The police report is not evidence of diddly, and they will not change the report simply because you said so. In fact, they will not change it at all. At this point, I doubt they would even add a supplement or amendment to it. You pled guilty. As far as the police are concerned, the case is closed.

    If she making use of this false police report to again me in the family court. Is there any way to protect myself? The law should be fair to me also, right?
    You can always argue that the report is inaccurate and that she is lying. Be prepared to be asked clarifying questions, though ... such as, "If you did not hit her ten times, how many times DID you hit her?" There is no good answer to that question.

    And where you caused her to bleed is really irrelevant. DV when there are children even present in the home is sufficient to lose custody of the kids should it continue, so the fact that you may claim not to have done it in the baby's bedroom is of little consequence.

    The fact that you have pled guilty to DV is going to play heavily against both your credibility and your ability to gain any leverage against her in Family Court.

    Attend counseling, heed any court orders with regards to custody and visitation, obey any protective or restraining orders, and be contrite and apologetic. Trying to minimize YOUR actions is only going to play against you.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    End of Watch: Deputy Danny Oliver

    End of Watch: Detective Michael Davis, Jr.

  10. #10

    Default Re: Domestic Violence Case Ended but Want to Sue for Ex's Perjury,california

    all right, thank folks.

    What would be the result if I just go for a sue for my ex? Sue she lied and tried to set me up in the jail and got benefit from it in child custody and property partition,because before the violence,we were in divorce and had disagreement in child custody and money partition.

    Will the DA revisit the same case or set up a new case? Will the sue change my sentense as misdemeanor?

    Thanks.

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