Legal Question in Family Law in Florida

I have a question. I filed charges on my ex for a violation of the restraining order. State attorney has been extremely prejudice against me because I would not testify against him two years ago.

Long story short, we went to court and he lied and said he had no clue his new wife had written a letter twice to my employer claiming I am a terroist (I work for an FAA airline).

They both testified the same. She said she did it without him knowing it.

Based on that testimony I was able to get a permanent injunction against her.

Now back to court for the violation of the restraining order. I was able to get a copy of the CD from the records custodian while he was incarcerated . He claimed he didn't know about the two letters because he was in jail.

The judge clearly told his wife, you are under oath and you expect me to believe you two didn't discuss the letters?

She affirmed he knew nothing.

Now on the CD of calls between him, not only did he know, he explicitly gave her directions to make sure the letters were sent while he was in jail. They even mocked the court system saying when she takes me to court I'm going to say I didn't know. You say the same.

So here's my question.

A. They both committed perjury directly related to this case

B. He committed a willful violation

Since this is not being sought out by the state, and instead being heard by our domestic violence/divorce judge, can this judge incarcerate him and have a criminal case opened. And can they also charge them with perjury?

Reason I ask is because he is on pretrial release for another felony. If he picks up a new charge, they revoke his bond.

But if it's just a ruling in court, and it's not a new charge then that might not happen.


Asked on 11/21/13, 11:29 am

1 Answer from Attorneys

John Smitten Carey and Leisure

You have to get the circuit judge to refer the case to the state attorney for prosecution.

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Answered on 11/21/13, 11:36 am


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