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Joey81

Perjury and false claims

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I'm in the process of getting a divorce, and my wife has falsely accused me of abuse so she can control these proceedings. Any time I do anything to suggest that she bears any responsibility for the state of things or don't accept her attempt to wield absolute dictatorial control over all things related to our child she responds by making new claims of abuse or further restricting my contact with our child. The problem here is that she was able to get a restraining order by making more false claims, and even though I had recorded evidence to dispute some of her claims I was advised not to testify in the restraining order hearing because I have a criminal trial pending. 

 

In each of these instances she preys upon my honesty, and when I tell the truth of what happened and she spins a wild tale (with her mother corroborating whatever she says) it can look incriminating. Most recent example is that I saw her dad in a parking lot while I was looking for a place to park, so I left the area. Ran some errands elsewhere in town, and have receipts to prove it. A few hours later I got a call from the police, and although they didn't tell me exactly what the allegation was I could surmise from the line of questioning that she was claiming that I was following her around rather than having left the area. Based on the locations that he mentioned it was clear to me that it wasn't just that she happened to go to the same places as I did, but she claimed I was still in the part of town where she last saw me. Of course this would be a violation of the restraining order, and it seems like the bar is pretty low for her to get me into hot water, especially if she has family members willing to corroborate her lies. 

 

So far based on consultation with my lawyer it seems as though the court will not likely take any action to prevent her lies, and the prosecutor is never going to bring a perjury case against her no matter how egregious her lies are. My fear is that if she keeps throwing **** out there eventually I won't have the proof to refute it, and there's no repercussion for her if she keeps doing it. How can this be part of our criminal justice system?

 

Any advice for what I can do in a situation like this? In the criminal trial in particular it is evident that all the lies, manipulation, and clear evidence that her motive is something other than 'being afraid'. She just wants control and to avoid any blame for the breakup. Her perjury (from the restraining order hearing), false statements (multiple times to police), misrepresentations, and manipulation of the system don't seem to be admissible in my assault trial even though it would impeach her testimony because the best documented instances are all from events after the initial assault allegation. That's because I didn't start protecting myself with recordings and documentation until after the first false claims. 

 

Your thoughts are appreciated.

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17 hours ago, Joey81 said:

I'm in the process of getting a divorce, and my wife has falsely accused me of abuse so she can control these proceedings

So who is the abuse against,your wife or your child?

 

17 hours ago, Joey81 said:

The problem here is that she was able to get a restraining order by making more false claims, and even though I had recorded evidence to dispute some of her claims I was advised not to testify in the restraining order hearing because I have a criminal trial pending. 

Does your pending criminal trial,which you state further down for "assault,"related to the later restraining order?

 

In asking you these important questions,just want to have a better understanding of if/how everything here is connected.As far as your wife's alleged perjury goes,it is usually best to point out with evidence,any false statement a witness makes,while they are on the stand.It is at that point,that perjury is best proved,it's also the best time to prove it,and have such false testimony impeached.

Another thing,the perjury needs to be related to a "material fact,"such as the allegation itself,that you were following her,hanging outside her house,etc.

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1 hour ago, legalfiction677 said:

So who is the abuse against,your wife or your child?

 

Does your pending criminal trial,which you state further down for "assault,"related to the later restraining order?

 

In asking you these important questions,just want to have a better understanding of if/how everything here is connected.As far as your wife's alleged perjury goes,it is usually best to point out with evidence,any false statement a witness makes,while they are on the stand.It is at that point,that perjury is best proved,it's also the best time to prove it,and have such false testimony impeached.

Another thing,the perjury needs to be related to a "material fact,"such as the allegation itself,that you were following her,hanging outside her house,etc.

 

Criminal charges are abuse against my wife. Really, she attacked me and I held her back and then left the area. She seems to have dragged her fingers across her arm to leave red marks, but they aren't from me. Good luck convincing the cops or jury that, though.

 

The restraining order is related to the abuse claim, as such, I was advised not to testify in the restraining order because of the pending criminal trial.

 

She did try to infer abuse against our child suggesting that a simple slip and fall, which I explained in detail was something more suspicious. She claimed our child had 'a black eye' which is false. She did have a bump on her cheekbone, but 4 days later (next time I saw our child) there was no sign of the injury. She claimed that I refused to explain the injury, but I have a recording where I point out the injury immediately upon bringing our child back to the mother. Claiming the injury was more substantial and that I refused to explain it were her attempts to get our child included in the restraining order.

 

There were other details that are important contextually, but not directly related to the abuse allegation. More just showing that her narrative suggesting that she was afraid due to earlier events (also false claims) was false. It's kind of a long story, but there was quite a trail of lies strung together to justify her leaving work early and intercepting me, which is when she attacked me. She denies having attacked me, but I don't deny putting my hands on her shoulders to hold her back. Not a great position to be in going in to trial. 

 

My attorney did cross her on these issues, but the judge denied my attorney's request for more time and cut us down to less than 2 hours if I recall correctly. Because I was not testifying he did not allow my recording into evidence, which would have proved that she was lying about me refusing to explain the injury. I also have photos showing that the injury didn't develop into a bruise also not admissible unless I was going to testify. I don't know how that would have effected his decision since he did not keep our child on the restraining order, but upheld the order for my wife. To me, the fact that I can prove that she was lying about other material facts should bear weight in terms of her testimony as a whole, however, I don't know how it really works.

 

There is also some other evidence that I've been trying to collect, which would disprove her allegations from earlier in the day before the alleged assault. She made some claims about a scary, violent episode in which nobody was harmed, and if I can get back into my house I have some evidence that I think can disprove that. Thus far she has done everything in her power to keep me out of that house to collect my belongings, so I think she has some idea that I have further evidence, which she can't refute. 

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Ok,Thanks for clarifying those points.Now based on what you described here,right now,your just really caught in a jam with a lying vindictive woman,who seems to have an ax to grind with you,for reasons that aren't apparently clear to any of us on here,and trust me,I don't want to know either,what you think is going through her mind.

In any case,right now the "cards" are stacked against you,all in her favor,and you need to do whatever it takes to avoid going to jail for violating that restraining order.

If she is the one following you around,and then lying to police that it's you following her,when you see her,wherever it might be,you need to call the police on her,and make a report,that she's following you in an attempt to get you violated on the TRO,and your trying to comply with the order,and avoid her,but she keeps trying to get you "jammed" up.

Also,as much as possible,try to be with someone who can "alibi" you,in case she claims you were somewhere you wasn't,and start keeping a journal, with numbered pages,to document your daily activities.

You are in a very tight situation right now,and you need to start thinking creatively in how best to protect yourself(legally)

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On 11/14/2017 at 9:47 AM, legalfiction677 said:

Ok,Thanks for clarifying those points.Now based on what you described here,right now,your just really caught in a jam with a lying vindictive woman,who seems to have an ax to grind with you,for reasons that aren't apparently clear to any of us on here,and trust me,I don't want to know either,what you think is going through her mind.

In any case,right now the "cards" are stacked against you,all in her favor,and you need to do whatever it takes to avoid going to jail for violating that restraining order.

If she is the one following you around,and then lying to police that it's you following her,when you see her,wherever it might be,you need to call the police on her,and make a report,that she's following you in an attempt to get you violated on the TRO,and your trying to comply with the order,and avoid her,but she keeps trying to get you "jammed" up.

Also,as much as possible,try to be with someone who can "alibi" you,in case she claims you were somewhere you wasn't,and start keeping a journal, with numbered pages,to document your daily activities.

You are in a very tight situation right now,and you need to start thinking creatively in how best to protect yourself(legally)

 

Thanks. That does make sense. I do have some evidence of her using visitation as a way to force violations. I have videos showing how she has held on to our 2 year old daughter and tried to lure me in to coming over to get her and break the 10 ft rule for child drop off. These interactions have sometimes spanned as much as 5 minutes as I wait for her to have our daughter brought to me.

 

At another visit she parked so close to the play area during my visitation that I couldn't go outside without violating the order, so I called the police to ask for assistance. The came and talked with her, then told me that she's within her rights to stay there and I'll just need to stay inside during my visit. My lawyer says this looks like harassment though because she isn't breaking the law and I'm calling the police. That just doesn't make any sense to me. I'm just trying to ask for help when I'm put in an impossible situation.

 

So far, though, my lawyer is not seeming proactive about any of this, and I'm trying to figure out what questions to ask and how to prompt some action to protect myself, particularly as her lawyer is now threatening to file a motion to have the restraining order expanded. I meet with my lawyer tomorrow.

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I've just recently seen my wife's Victim Impact Statement in relation to my criminal case. I see that there are several statements that are provably false, and significant to the criminal case and custody battle. In some cases she makes claims like "he refused to tell me where he was taking our child" but then several months later in her testimony at the restraining order hearing she knew not only where we were going, but could describe the campsite that I told her I was going to. It seems as though she must know that her statement was a lie. There are other such statements in there, which are relevant and provably false (although the biggest issues in the case are not provably false). I'm wondering whether there's any recourse if she lies in an affidavit associated with her victim impact statement. It certainly influences the judge's opinion of me right off the bat, and if that makes it in to the criminal court I think the jury poorly of me as well.

 

Any relevant complaint or legal option that I can pursue here? Thanks.

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