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My wife lied in court citing police report as evidence of domestic violence, can i claim perjury ?

South San Francisco, CA |

My wife lied in the court that she has police report, confirming violence by me. But, she did not show the police report in the court. Later, I looked at the report and found that she lied about it in the court and police report says that there was absolutely no evidence of physical harassment. But, some how she won the case. Can she be charged with perjury and misdemeanor etc ?

Attorney Answers 3


  1. No. As a matter of practicality, prosecutors almost never bring criminal charges of perjury based on testimony in civil actions. Can you imagine what would be left of our legal system if every civil case was allowed to spawn a criminal case for perjury! And virtually EVERY civil trial involves perjury, according to one party or the other.

    You need to consult with an attorney about whether you have grounds for appeal or whether the issue can be put before the court again on one motion or another. Chasing a criminal prosecution here is a waste of your time.

    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.


  2. It is up to the DA to press those charges and I doubt they would be interested even though they pursue lessor charges that don't involve lying to the court. Your attorney really should have been aware of her perjury at the time and impeached her testimony.

    Thomas A. Schaeffer, Esq. Law Office of Juarez and Schaeffer PO Box 16216, San Diego, CA 92105 (619) 804-4327 www.jslaw.org This posting is provided for "informational purposes" only and should not be relied upon as "legal advice." Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship. Applicability of the legal principals discussed here may differ substantially in individual situations or in different States.


  3. It's not going to happen. I have had an opposing party testify, on the witness stand in open court, that he lied during a deposition, and nobody cared. (Well, the court ruled against him and I won my case, but I mean, nobody in the law enforcement community took it up.) Remember, criminal charges can be brought only by the District Attorney. Private parties have no legal authority to comepl a prosecution. Perjury prosecutions tend to be rare, and politically motivated.

    Rather, what you should do is to retain the evidence of what all happened, which you could use against your wife in any subsequent proceeding. She can be impeached with her testimony in the hearing that already happened. If you're going through a divorce, this could be invaluable to you.

    Please read the following notice: <br> <br> Jay Bodzin is licensed to practice law in the State of Oregon and the Federal District of Oregon, and cannot give advice about the laws of other jurisdictions. All comments on this site are intended for informational purposes only, and do not constitute legal advice or create an attorney-client relationship. Each case is unique. You are advised to have counsel at all stages of any legal proceeding, and to speak with your own lawyer in private to get advice about your specific situation. <br> <br> Jay Bodzin, Northwest Law Office, 2075 SW First Avenue, Suite 2J, Portland, OR 97201 | Telephone: 503-227-0965 | Facsimile: 503-345-0926 | Email: jay@northwestlawoffice.com | Online: www.northwestlawoffice.com

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