Filing false court documents

Asked over 5 years ago - Thousand Oaks, CA

With regard to falsifying a restraining order (which may or may not contain defaming remarks or libelous statements) for the purpose of keeping an ex-spouse away from a minor when the court already has a document on file which specifically delineates the times and places visitation can take place: would such falsifying be considered a misdemeamor or a felony?

Attorney answers (1)

  1. Robin Mashal

    Contributor Level 19

    Answered . Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

    When someone signs a a false declaration under "penalty of perjury" she/he may be subject to prosecution for perjury. Ultimately, it will be up to the prosecutors to decide whether or not they will prosecute this declarant. If the falsity of these statements can be shown, aside from perjury charges, the court would generally disregard the declarant's statements. You should consult your own attorney to protect your legal rights.

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