Primary custody from false DV claims Domestic Violence & Civil Orders

Brit · Jan 30, 2014

So my wife served me divorce papers, accused me of DV and called police. The police arrived, I waited outside. They apologised to me for having to write a report as there was no evidence. I was NOT attested or charged. Her interogertories she produced fake pdf files showing extensive redness to her face. The wr ong side for a righthanded slap. There was a link on the page to the original pictures. They were different. I have met a criminal attorney and the DA is likely to charge her with felony perjury.
Is there any case law for false DV and husband getting sole custody?

army judge · Jan 31, 2014

I suggest you discuss the custody issue with an attorney.
You're trying to link an alleged criminal act to child custody.
Remember, a defendant is INNOCENT until convicted in a court of law.
Who knows, she might be acquitted, IF she's ever charged.
If I were you, I'd hire a lawyer, follow through with the divorce, seek temporary managing conservatorship of the children during the pendency of her criminal issues, and wait.
Don't try to gather your eggs before you've filled the hen house with laying hens.

Proserpina · Jan 31, 2014

Brit said: ↑

So my wife served me divorce papers, accused me of DV and called police. The police arrived, I waited outside. They apologised to me for having to write a report as there was no evidence. I was NOT attested or charged. Her interogertories she produced fake pdf files showing extensive redness to her face. The wr ong side for a righthanded slap. There was a link on the page to the original pictures. They were different. I have met a criminal attorney and the DA is likely to charge her with felony perjury.
Is there any case law for false DV and husband getting sole custody?
Click to expand...

Perjury is actually very rarely prosecuted and even more rarely when there is a heated divorce situation taking place. Add to that the extreme likelihood of her giving an Oscar-worthy performance as the poor downtrodden wife who honestly didn't realize how serious it was, and...well, you get the idea.

I suspect that if she is charged, there will be some fancy dancing involving the prosecution and the defense, and a lesser charge will be the outcome. Given the circumstances, it's also possible for her to walk with nothing more than probation.

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Primary custody from false DV claims Domestic Violence & Civil Orders

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