Truth and Justice: Family Court Reform

This site contains a preview of my OpEd articles in the works and some thoughts about life in general. It also contains information for any parent who has lost custody of their children due to corrupt and illegal family law rulings. United we can make the changes necessary to protect children from legal abuse.

Name:
Location: California, United States

Tuesday, October 03, 2006

Perjury: a very serious crime?

Perjury is the act of lying or making verifiably false statements on a material matter under oath in a court of law or in a sworn written statement. For the court’s credibility, testimony must be relied on as being truthful, anything less could result in a miscarriage of justice. The general perjury statute in the U.S. under Federal law provides for a prison sentence of up to five years, and is found at 18 U.S.C. § 1621. (See also 28 U.S.C. § 1746.)
To be convicted of perjury there has to be intent to commit the act, and to have actually committed the act of lying under oath. Perjury rules also apply when a person has made a statement under penalty of perjury, such as in filing a false tax return or filing false affidavits in a family court hearing. These laws are to ensure that only *justice* is the court’s goal. Without expecting the truth how could any court of law determine justice?

Legislature created laws to protect all citizens against particular types of misconduct, yet it is within the discretion of the District Attorneys office whether or not to charge an individual with a crime of perjury. It is the responsibility of the DAs office to aggressively pursue prosecution of our laws, but not at the sacrifice of truth and justice. This is usually how it works in criminal court but there are courtrooms where truth is not demanded or even expected. It has become a common practice, the silent collusion to accept unenforced laws that violate civil, criminal and constitutional laws against certain segments of the population.

Exceptions to the perjury laws can be found in family courtrooms everyday, all across our country. Often judges, prosecutors and lawyers can barely contain their laughter, judges can be seen snickering from the bench as they listen to blatant lies by attorneys, questionable statements made under oath, and read written declarations of multiple scenarios each signed under penalty of perjury, all to explain away any charge of domestic violence, child sexual abuse or family terrorism. This cavalier attitude towards enforcement of our laws often has deadly consequences to abused women and children. By watching the criminal trials of OJ Simpson and Scott Peterson, viewers got a small sample of what goes on in family courts across our country every day. Attorneys offered up bizarre scenarios of satanic devil worshipers who kidnapped Laci Peterson to sacrifice her unborn child and in the Brown-Simpson case, International drug dealers wanted to “send a message” to uninvolved parties that they want to be paid were ridiculous and quickly dismissed in criminal court. Yet these same tactics are being used in family courts against protective parents, often with the full knowledge of the judiciary. Willful blindness is no excuse for failing to protect and serve all the citizens, and to expect truth and justice in the courtroom.

The burden of proof for a family abuse victim is so difficult, that in many cases only DNA, multiple eye witnesses and/or a video tape will be considered substantiation. Often, even with this evidence the perpetrator is not prosecuted. The family abuser can then turn it around in family court and state that abuse was not proven to exacting measures, therefore it is proof that he/she is innocent of any abuse. (Abuser now screams about “parental alienation” and a demand for a change of child custody) Multiple police reports substantiated Nicole Brown’s claims of DV abuse and Laci Peterson might have been a silent victim of DV, failing to file police reports, yet that didn’t stop her murderer from mounting a defense of the caliber that usually only presents itself within the family court during custody hearings.

In criminal courtroom, only the likelihood that the violence took place would be enough to send the accused to prison, but in family court the accused abuser is more likely to obtain sole custody of the minor children while the protective parent faces years in prison and the possibility of never seeing the children again for failing to provide the hard evidence to prove abuse beyond a shadow of a doubt. The difference is the fact that DV is perpetrated against an intimate partner, spouse, child, “familial” versus stranger or non relatives. The aggressive action taken by the DA to protect the public-at-large is not usually offered with the same enthusiasm within the context of family violence or incest abuse. It is glossed over and excused as a family matter, emotionally driven, not quite as important and kept in the family courts. The reasons for keeping it a family matter is given as being “understandable” that one party would lie, falsify documents and commit perjury. Therefore the laws are not enforced, and the mocking laughter rings loudly in the ears of victims who no longer believe that truth and justice are available to them.

Perhaps there are supporters of family courts remaining as status quo and have no desire to see these illegal practices changed? It is possible that these individuals may benefit financially from the crimes and exposure of their involvement may bring well deserved prosecution to them, as well as those who originally committed perjury.

More information?
http://truthinscotsthistle.blogspot.com/
Email Valerie at: Justonemom@gmail.com

7 Comments:

Blogger Martha said...

This comment has been removed by a blog administrator.

9:01 PM  
Blogger tamis said...

Your observation is 100 % correct. my granddaughters father lied so many times it was rediculous. blatant lies prooven so in court by his own words on tape. Did they do anything to him? No! he was rewarded. we have to pay 100% of transportation to bring a baby under 2 5 hr drive one way EOW plus holidays while he drives 15 minutes,then still continues to abuse the entire family thru phone calls and the courts,and still wasnt ordered a yr later to pay child support, but have applied again in our state.
http://dyingtoprotect.blogspot.com/

10:52 AM  
Blogger Valerie said...

Tamis,

I tried to log on to your blog to read about your case but you have it blocked to anyone other than those you have already invited. If you wanted to have it read publicly, then you will have to change your settings. Best wishes to you and your family. Val

4:30 PM  
Blogger tropicrc said...

Perjury is accepted in Family Court. I have been accused of oweing in excess of $280,000. child support in Family Court. I have received credit for over $100,000. in payments made as well as over $135,000. in emancipation credits.(my oldest child was 35 years old at the time) My ex-wife denied ever receiving any money whatsoever. This perjury has been going on for over 15 years and is accepted in N.J. Family Court. I have proven every issue in Family Court and Appellate Court and received just credit. When I asked the Judge to do something about these endless years of perjury, he looked at me and smiled and said "that was her opinion". These acts of perjury were as blatant as can be and numbered in excess of 50 times and everyone of them proved to be a lie. The Judge did not say a word to Plaintiff about all these lies, instead was annoyed at me for filing these motions to get my just credit. Perjury in Family Court, especially to this degree, is an absolute miscarriage of justice.

9:34 AM  
Blogger Cristin said...

I was beaten for 11 years by my ex-boyfriend. We have a son together who is turning 6 tomorrow. We were never married. My ex-boyfriend walked out on us for another woman. When he decided to come back home I said no, and he got angry and started breaking into my house while I was at work. I had friends stay at the house at night because we didn’t feel safe my sons and I because we were scared. He began to threaten our lives on a daily basis. One night he broke into my house and when I walked in after work he threatened he was going to kill me. I begged for him to leave or I would call the cops. He ripped the phone line from the jack on the wall and broke the phone. He had already taken my child because when I looked for him he was gone, and he fled with our car. When I called for help his father showed up and said he was happy I was alive because his son he said had lost his mind and was going to go after me. When the Cops came they found my ex-boyfriend at a bar drinking and they never arrested him. When I served him with an injunction he got a lawyer and I didn’t. He told the lawyer so many lies and she used them in court. His lawyer said to me that the only thing I could prove was my name with my D.L. The judge dropped the order. Protective services told me to hide and get out of the state so he didn’t kill us. I filed and received a restraining order in another state that protected us anywhere in the USA, and Indian tribal grounds. When I came home I was served with papers stating a pick-up order was signed by a judge without paternity because my ex-boyfriend used perjury to the judge to have him sign the motion. My son was picked up today and now is in this man’s possession. Lies took my baby away and put him in the hands of the man who claims to hurt us all… When does justice protect us?

4:11 PM  
Blogger justice4all said...

This is the standard rule of law: For the court’s credibility, testimony must be relied on as being truthful, anything less could result in a miscarriage of justice. The general perjury statute in the U.S. under Federal law provides for a prison sentence of up to five years, and is found at 18 U.S.C. § 1621. (See also 28 U.S.C. § 1746.)


However when the DA, Police, Investigator intentionally commit “Perjury”, in order to place an innocent person in jail / prison and only to gain political power and unjust enrichment via promotions, etc….
How can any one stop this common occurrence in our criminal court systems ?
Only the FBI or the Attorney General even attempt to challenge this. This will never happen.
Any comments; justice4allppls@aol.com

6:03 PM  
Blogger Torie Jones said...

This comment has been removed by the author.

6:39 AM  

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