• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Thread Disappeared wanted to comment- perjury

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

What is the name of your state?Tx
There was a thread here for just a few minutes regarding a guy admitting perjury and Belize replied. I swear it sounded just like my ex.
My ex pleaded that I denied him visitation and then in court admitted I had not. Who decides that's perjury and who punishes him for it and how? I was so outraged and hurt, stunned and shocked that I didn't think of perjury beyond "OMG, listen to him lie!"
My ex seems to be a pathological liar and if he has committed perjury (which he has a number of times during our case) he should be punished for it. What do I do?
 


BL

Senior Member
Nope , he won't be charged with Perjury .

If all the Judges in All the Courtrooms charged ALL the Liars with Perjury , there would be more jail cell than Apts . or Houses .

Litigants Lie All the time in Court . The Judges Know it , especially in Family Court.

Yeah , it really burns the bun when the other party or witnesses lie their A** Off doesn't it ? :rolleyes:
 
Blonde Lebinese said:
Nope , he won't be charged with Perjury .

If all the Judges in All the Courtrooms charged ALL the Liars with Perjury , there would be more jail cell than Apts . or Houses .

Litigants Lie All the time in Court . The Judges Know it , especially in Family Court.

Yeah , it really burns the bun when the other party or witnesses lie their A** Off doesn't it ? :rolleyes:
:( Yeah it isn't fair. But this whole modification, or the basis for it, was a lie, his affidavit was a lie and his testimony - in part - was a lie. Doesn't that count for anything?
 

BL

Senior Member
If the Petitioner Files a " Frivolous " Petition ( that Petition had no bases to be filed ) , in your response State that the Petitioner's Petition is Frivolous and has no merit . Ask that sanctions be imposed .

If the Judge finds the Petition to be frivolous , He/She will most likely admonish the Petitioner and warn them IF another Frivolous Petition is filed , there could be a Large fine imposed .

The Petition has to be totally without anything that needs to be litigated though .
 

casa

Senior Member
bliss_in_texas said:
What is the name of your state?Tx
There was a thread here for just a few minutes regarding a guy admitting perjury and Belize replied. I swear it sounded just like my ex.
My ex pleaded that I denied him visitation and then in court admitted I had not. Who decides that's perjury and who punishes him for it and how? I was so outraged and hurt, stunned and shocked that I didn't think of perjury beyond "OMG, listen to him lie!"
My ex seems to be a pathological liar and if he has committed perjury (which he has a number of times during our case) he should be punished for it. What do I do?

Oh....If ONLY they'd punish for perjury! I WISH! :cool:
 
S

seniorjudge

Guest
Blonde Lebinese said:
If all the Judges in All the Courtrooms charged ALL the Liars with Perjury , there would be more jail cell than Apts . or Houses
But the inmates would have some of the greatest legal minds in the country as cell mates which would greatly increase the number of lawsuits being filed.


Just as an example, here is the way perjury is defined in MO (and I give you this just to show you how difficult it is to even charge someone with perjury, much less prove it):

Missouri Revised Statutes
Chapter 575
Offenses Against the Administration of Justice
Section 575.040

August 28, 2004


Perjury.

575.040. 1. A person commits the crime of perjury if, with the purpose to deceive, he knowingly testifies falsely to any material fact upon oath or affirmation legally administered, in any official proceeding before any court, public body, notary public or other officer authorized to administer oaths.

2. A fact is material, regardless of its admissibility under rules of evidence, if it could substantially affect, or did substantially affect, the course or outcome of the cause, matter or proceeding.

3. Knowledge of the materiality of the statement is not an element of this crime, and it is no defense that:

(1) The defendant mistakenly believed the fact to be immaterial; or

(2) The defendant was not competent, for reasons other than mental disability or immaturity, to make the statement.

4. It is a defense to a prosecution under subsection 1 of this section that the actor retracted the false statement in the course of the official proceeding in which it was made provided he did so before the falsity of the statement was exposed. Statements made in separate hearings at separate stages of the same proceeding, including but not limited to statements made before a grand jury, at a preliminary hearing, at a deposition or at previous trial, are made in the course of the same proceeding.

5. The defendant shall have the burden of injecting the issue of retraction under subsection 4 of this section.

6. Perjury committed in any proceeding not involving a felony charge is a class D felony.

7. Perjury committed in any proceeding involving a felony charge is a class C felony unless:

(1) It is committed during a criminal trial for the purpose of securing the conviction of an accused for murder, in which case it is a class A felony; or

(2) It is committed during a criminal trial for the purpose of securing the conviction of an accused for any felony except murder, in which case it is a class B felony.

(L. 1977 S.B. 60)

Effective 1-1-79


© Copyright

Missouri General Assembly

http://www.moga.state.mo.us/statutes/c500-599/5750000040.htm
 
seniorjudge said:
But the inmates would have some of the greatest legal minds in the country as cell mates which would greatly increase the number of lawsuits being filed.


Just as an example, here is the way perjury is defined in MO (and I give you this just to show you how difficult it is to even charge someone with perjury, much less prove it):

Missouri Revised Statutes
Chapter 575
Offenses Against the Administration of Justice
Section 575.040

August 28, 2004


Perjury.

575.040. 1. A person commits the crime of perjury if, with the purpose to deceive, he knowingly testifies falsely to any material fact upon oath or affirmation legally administered, in any official proceeding before any court, public body, notary public or other officer authorized to administer oaths.

2. A fact is material, regardless of its admissibility under rules of evidence, if it could substantially affect, or did substantially affect, the course or outcome of the cause, matter or proceeding.

3. Knowledge of the materiality of the statement is not an element of this crime, and it is no defense that:

(1) The defendant mistakenly believed the fact to be immaterial; or

(2) The defendant was not competent, for reasons other than mental disability or immaturity, to make the statement.

4. It is a defense to a prosecution under subsection 1 of this section that the actor retracted the false statement in the course of the official proceeding in which it was made provided he did so before the falsity of the statement was exposed. Statements made in separate hearings at separate stages of the same proceeding, including but not limited to statements made before a grand jury, at a preliminary hearing, at a deposition or at previous trial, are made in the course of the same proceeding.

5. The defendant shall have the burden of injecting the issue of retraction under subsection 4 of this section.

6. Perjury committed in any proceeding not involving a felony charge is a class D felony.

7. Perjury committed in any proceeding involving a felony charge is a class C felony unless:

(1) It is committed during a criminal trial for the purpose of securing the conviction of an accused for murder, in which case it is a class A felony; or

(2) It is committed during a criminal trial for the purpose of securing the conviction of an accused for any felony except murder, in which case it is a class B felony.

(L. 1977 S.B. 60)

Effective 1-1-79


© Copyright

Missouri General Assembly

http://www.moga.state.mo.us/statutes/c500-599/5750000040.htm
Actually, this doesn't sound too hard. Here is what happened...
Ex filed a lawsuit stating I denied him visitation among other things...in court he was asked directly if I had denied him access. He stated straight out that NO I had not, he had voluntarily stayed away and filed the suit because he wanted to see the child on his terms. He also alleged that I had "extorted" money from him in exchange for seeing our son. He admitted that was not true either. So, based on that first statement, since it was written (his affidavit) and then he admitted he lied, isn't that enough? Sure seems like enough, but I'm not a lawyer or a judge.
The point is, I don't want to be a bit*h but I've had it with his games. I am tired of victimized and I want some justice ( :( ). This whole situation never had to happen if he had only come and told me he wanted to modify the agreement. Sheesh. He doesn't have an interest in our son, he just wants to "appear" correct. I think that if the law is going to allow a questionable parent to visit with a child they barely know by their own choosing, then they sure as heck should protect innocent parents against lying-no-proof-psychologically-disturbed (but untreated) wanna be parents.
I only want this to stop. Eek.
 
jslopez711 said:
What do you mean by this?
I mean that instead of disappearing for six weeks, not contacting his son and refusing to communicate..If he had just come to me and said...Hey, I want a lawyer to draw up a set arrangement for visitation soon..I would have said, okay, have your lawyer draw something up and we'll work it out. Instead, he filed suit and lied. Thats what I mean by that.
He's pulled so many bizarre lies and behaviors out of his hat the past month and a half I question his psychological state now. Before, I thought he had potential to be a good dad, now I think he's mental and I really don't want a pathological liar involved with my son. :(
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top