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  1. #1
    Join Date
    Jun 2007
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    102

    Default Perjury On Petition

    My question involves restraining orders in the State of: Florida

    My fiance's ex filed to get a protective order against me on behalf of herself and her child (and it's so that if my fiance ever tries to get custody, she's trying to keep me out of the picture because she knows we live together...).
    The judge saw straight through her to what she really is and denied the order.

    My question is: I noticed that she made up several lies about me on the petition and I want to take her to court for perjury. What are the steps in order to get this situation fixed?

    As always, please keep the responses straightforward, but detailed and leave out personal comments. Thanks!

  2. #2
    Join Date
    Jan 2008
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    1,948

    Default Re: Perjury On Petition

    You can not take her to court for perjury. Perjury is a crime against the court - she lied to the court - not you. You have no damages from her liable so what would suing her accomplish? If the judge 'saw thru' her lies and wanted to punish her for lying the judge would have done so.

  3. #3
    Join Date
    Jun 2007
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    102

    Default Re: Perjury On Petition

    How would the judge POSSIBLY have KNOWN she was lying? I'm not trying to sue, I never said that. How would I make the courts AWARE that she lied on the petition. If she says something, there is nothing there to prove that what she said is incorrect.

    How do I make the courts aware? I'm not looking for any financial gain or anything, but I think her lying on a legal petition should be dealt with.

  4. #4
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    Default Re: Perjury On Petition

    While I think 525601minutes overstates the case, the judge did hear the testimony. Had the judge believed a perjury prosecution was appropriate the judge could have referred the matter to the prosecutor's office for review. But consider: perjury charges are rare in non-criminal cases (and even within that context they're pretty rare); the fact that a judge disbelieved testimony does not of itself mean that perjury occurred; and the fact that testimony is not credible does not mean that it will automatically be possible to prove that it rises to the level of perjury.

    Also, statements made in an unsworn pleading cannot be perjury as they are not made under oath. Is that what we're talking about here? Something on a piece of paper, but not actual sworn statements or testimony?

    If this was a sworn statement you can try talking to somebody in the prosecutor's office, perhaps a victim's rights officer, about your concerns. Don't be disappointed if you learn that this type of case is not a high priority for them.

  5. #5
    Join Date
    Jun 2007
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    102

    Default Re: Perjury On Petition

    Quote Quoting Mr. Knowitall
    View Post
    While I think 525601minutes overstates the case, the judge did hear the testimony. Had the judge believed a perjury prosecution was appropriate the judge could have referred the matter to the prosecutor's office for review. But consider: perjury charges are rare in non-criminal cases (and even within that context they're pretty rare); the fact that a judge disbelieved testimony does not of itself mean that perjury occurred; and the fact that testimony is not credible does not mean that it will automatically be possible to prove that it rises to the level of perjury.

    Also, statements made in an unsworn pleading cannot be perjury as they are not made under oath. Is that what we're talking about here? Something on a piece of paper, but not actual sworn statements or testimony?

    If this was a sworn statement you can try talking to somebody in the prosecutor's office, perhaps a victim's rights officer, about your concerns. Don't be disappointed if you learn that this type of case is not a high priority for them.
    At the bottom of the petition where she signed her name it states the following:
    I UNDERSTAND THAT I AM SWEARING OR AFFIRMING UNDER OATH THE TRUTHFULNESS OF THE CLAIMS MADE IN THIS PETITION AND THAT THE PUNISHMENT FOR KNOWINGLY MAKING A FALSE STATEMENT INCLUDES FINES AND/OR IMPRISONMENT.

    Dated and signed by her, TWICE to be exact. With her initials next to the preceding paragraph. They obviously take it seriously, so I'm seriously going to take it to them to get it done. I just need to find out who "they" are. I wasn't asking advice on whether or not to do it-I'm asking how.
    Thanks for the responses!

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
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    28,906

    Default Re: Perjury On Petition

    I think this still covers it:
    Quote Quoting Mr. Knowitall
    View Post
    If this was a sworn statement you can try talking to somebody in the prosecutor's office, perhaps a victim's rights officer, about your concerns. Don't be disappointed if you learn that this type of case is not a high priority for them.

  7. #7
    Join Date
    May 2008
    Location
    Southeast USA
    Posts
    6

    Default Re: Perjury On Petition

    Keep in mind too, that if you sue her, you must prove your case, ie, you must prove she was lying. She doesn't have to say a word. Also, if the police get involved, she will then have free representation...

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