Legal Question in Civil Litigation in California
Did I have a civil lawsuit?
My ex-husband went into my apartment removing a photograph, photocopying the photograph taking it to his attorney. In court, I had to go to jail but the same day I lost everything and became homeless. My ex-husband was told by a police officer to return the photograph or be charged with theft. He did only after photocopying the photograph. My ex-husband in his own admission stated that he was not allowed in my apartment. The intent was to strip me of my child custody it went from 49% down to 20% In court he did commit perjury!!! Can he still be charged with theft and perjury? I have the police report and can get the transcripts.
1 Answer from Attorneys
Re: Did I have a civil lawsuit?
Hello.
First, whether or not you have a basis for proceeding criminally against your ex is NOT UP TO YOU. A crime victim is merely a witness who reports the "facts" to law enforcement. law enforcement then presents their "facts' through a law enforcement report to the DA's office for the DA's office to make the decision to proceed and charge a crime. This is pertinent to your situation.
As far as the reduction in custody, you should probably proceed was soon as possible with your own O.S.C. (order to show cause) and seek either a full custody evaluation or what is called a "focused evaluation." These are tools that the court uses to help with its decision as a counselor or psychiatrist evaluates all of the parties, etc.
Good luck
Sincerely,
Mark Geyer
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