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

Asked over 1 year ago - 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. Christine C McCall

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . 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.... more
  2. Thomas Anthony Schaeffer

    Contributor Level 14

    4

    Lawyers agree

    1

    Answered . 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.... more
  3. Jay Bodzin

    Contributor Level 20

    2

    Lawyers agree

    1

    Answered . 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:

    Jay Bodzin is licensed to practice law in the State of Oregon and... more

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