Penalty for individual providing false affidavit in attempt to lift order of protection on minor child after being deemed a threat to the child.. False information included criminal history, abuser's current address,. and narcotics abuse.
Divorce / Separation Lawyer
Not enough information is provided. Why do you ask this? Are you claiming someone else has provided false information? If so, this should be brought to the prosecutor's attention if the case is being heard as a criminal action. If this is in civil court, have your attorney handle the problem. If the person is not charged, there is no sentence to be considered.
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Criminal Defense Attorney
First, the case would need to be charged. Prosecutors are often reluctant to charge cases that arise from family court situations such as this. If you are on the other side and want the person penalized, the better way of handling this might be to seek a contempt finding in family court where the Judge could impose a jail sentence or take other remedial action. If you are the person who has filed a false affidavit, you should make no statements about this to anyone except for your attorney and you should consult with a criminal defense attorney.
By answering this question, Steven McCollum and the Law Offices of Steven P. McCollum, P.C. do not agree to represent any person and no attorney/client relationship is created by answering this question. You are strongly urged to consult with an attorney in person since no legal advice can be given with the limited information you have provided. The statements made in this response are not intended to be specific legal advice, but rather are for general informational and educational purposes only.
As you may accurately reason, attorneys may not provide by law any facilitation or furtherance of any criminal act that planned in the future. For that matter no attorney may advise anyone on how to circumvent the legal procedural system for any future contemplation of falsification of testimony or affidavits.
I suggest being truthful and honest in all your court dealings. If you are charged, do not place any incriminating statements on line on the public forum like Avvo and retain an attorney to advise you further.
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