Legal Question in Family Law in California
Second question re: the initial question that was:
After a trial and an appeal, can I still take out a contempt of court filing against my sons dad for the difference in his responses between the testimony he provided in person compared to how he answered me in his written interrogatories and admissions?
He said on paper that he has not nor had he ever had any contact or knowledge of being acquainted with the judges son, that he did not know him.
Then at the trial he admitted he went to school with him. Is that grounds for contempt? I did have a court reporter present at the trial and recorded him saying the opposite of what he answered in his interrogatories and admissions.
Cost: Free
United States | California | 95242 | Family Law, Divorce, Child Custody and Adoption
12/24/13, 6:11 am
Answer (1 of 1)
Lying on the stand is not contempt, it is called perjury.
NOT helpful:helpful: Anthony Roach
Law Office of Anthony A. Roach
9909 Topanga Canyon, Ste.313
Chatsworth, CA 91311
Thank you for your respons Attorney Roach, so now what can I do about that? Can I file something. And he lied in his interrogatories and admissions and told half truth on the stand! He was in school with the judges son, and another judges son too, he lied in the admissions about knowing either and later admitted to knowing only one while in the witness box next to the judges bench.So very contradictory. Your answer was helpful though!
1 Answer from Attorneys
You can complain about it to the police, but perjury prosecutions are rarely ever prosecuted. But there is nothing for you to file, because the decision of whether or not to bring criminal charges is vested in the District Attorney, and individuals do not file criminal charges in California.
The legal issue right now is whether or not you have an underlying civil family law matter that should be appealed, or retried.
As for the judge, I see a clear conflict of interest, and it is possible that the Commission on Judicial Performance may be interested in the matter.