Anonmouse
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Reged: 04/13/12
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If a petitioner in a divorce has stated in divorce paperwork that they have no knowledge of domestic violence the petitioner did in fact commit against the respondent and there is legal documentation to prove it, must the respondent pay for the petitioners lawyer's fees as the paperwork states if they contest the divorce?
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Renny
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Reged: 09/24/11
Posts: 479
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Was this false statement iin an interrogatory or a deposition? What is the relevance of the DV? You may get some Legall fees if the perjury prolongs litigation or is used to delay. But it's more useful in undermining the credibility of the witness and advancing whatever argument you are using the DV for.
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Anonmouse
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Reged: 04/13/12
Posts: 13
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I'm not familiar with legal proceedings or terminology. The statement was made by the petitioner in the divorce paperwork that the respondent was served. The relevance of the DV to the case is that the petitioner is seeking full custody of the minor children, and in the state of filing and the respondent's residency, there is a law which states "there is a rebuttable presumption that it is not in the best interests and welfare of the child to award sole or joint custody of the child to the parent who committed the abuse", and the documentation the respondent possesses proves "abuse" as it is defined in the law. There are at least two other false statements in the divorce paperwork as well that the respondent can prove are false with documentation.
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Renny
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Reged: 09/24/11
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So the false statements are in the pleadings. They are allegations, not sworn statements. Pleadings also enjoy immunity -- but it's complicated.
The bottom line is that if there was DV it must be proven with evidence at a hearing to determine custody. Nothing is proven in the pleadings, including denials. Dig up the records of the DV case and have it admitted into evidence at the right time.
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Anonmouse
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Posts: 13
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Thank you. Respondent has copies of the restraining order detailing this. Petitioner also was charged with, and plead guilty to, charges stemming from this event. There were other incidences, most of which went unreported due to fear, but there is a second incidence where evidence may be obtainable. Can evidence still be submitted to point out there are inaccuracies in the filing if these inaccuracies affect/are relevant to aspects of the case, rather than being used to establish petitioner's credibility?
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Renny
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Reged: 09/24/11
Posts: 479
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Lets back up a moment. All you have now are a petition for divorce if im not mistaken. Why is DV even mentioned? At any rate, the DV incidents are certainly relevant to custody, and if there are no children, strong restraining order language can go into the CO. I'd have to know more about the denial of DV to say whether it can be exploited to impugn the petioners credibility. What does the respondent want out of this divorce?
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Anonmouse
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Reged: 04/13/12
Posts: 13
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This is rather lengthy so I've sent you a pm.
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