Lying to get a restraining order. Crime?

[mlefkowitz]

What is the name of your state? CA

Minor X and his father file for a restraining order against Minor Y claiming harassment and that Y struck X once. Both minors are students at the same high school. Y denies the accusation. A restraining order against Y is issued.

If X knowingly lied to the judge, has he and/or his father committed a crime?

 

[CdwJava]

What is the name of your state? CA

Minor X and his father file for a restraining order against Minor Y claiming harassment and that Y struck X once. Both minors are students at the same high school. Y denies the accusation. A restraining order against Y is issued.

If X knowingly lied to the judge, has he and/or his father committed a crime?

Possibly. Can you PROVE that there was a knowing and intentional lie?

PC 118 (a) Every person who, having taken an oath that he or she will
testify, declare, depose, or certify truly before any competent
tribunal, officer, or person, in any of the cases in which the oath
may by law of the State of California be administered, willfully and
contrary to the oath, states as true any material matter which he or
she knows to be false, and every person who testifies, declares,
deposes, or certifies under penalty of perjury in any of the cases in
which the testimony, declarations, depositions, or certification is
permitted by law of the State of California under penalty of perjury
and willfully states as true any material matter which he or she
knows to be false, is guilty of perjury.
This subdivision is applicable whether the statement, or the
testimony, declaration, deposition, or certification is made or
subscribed within or without the State of California.
(b) No person shall be convicted of perjury where proof of falsity
rests solely upon contradiction by testimony of a single person
other than the defendant. Proof of falsity may be established by
direct or indirect evidence.

Note the line: "willfully states as true any material matter which he or she
knows to be false, is guilty of perjury." This can be a hard level of proof to achieve.

Note also that it is the DA that can bring charges for perjury, not you. If there is a lie that can be proven beyond a reasonable doubt, then you might be able to convince the DA to file. But, in all my years in law enforcement, I have yet to ever see a perjury case actually go forward ... proving it in a TRO matter is going to be tough.

- Carl

 

[mlefkowitz]

The aggrieved party (not me) believes the other side lied. I'm trying to decide whether to advise him to talk to the DA.

Yes, the "willfully" part of the statue is a high level of proof.

Thank you.

 

[seniorjudge]

Q: If X knowingly lied to the judge, has he and/or his father committed a crime?

A: Carl (of course) is correct. Let me expand a little. The lie must be (1) knowing and (2) intentional; once you hurdle that huge obstacle, then the lies must be (3) material.

If I swear under oath that the crime happened on Tuesday and I know it happened on Monday and I intend to lie to the judge and tell him it happened on Tuesday, I still haven't committed the crime of perjury unless the fact that it happened on Monday was absolutely essential to prove the crime.