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Facing a lie in a courtroom is scary because a judge’s job is to reasonably consider the facts facing them. Absent anything else, a lie in Court carries as much weight as the truth, and it’s worrying to consider the possibilities. However, you must remind yourself that the judge must consider all the facts, meaning your facts as well. In any instance of fighting a false allegation in a courtroom setting, there are three things you need to remember: Evidence, discretion and representation. Let’s look at these a little more closely:
First, most often, when you go to Court to face a falsehood, that falsehood must have some corroborating evidence to carry any weight. For more than 10 years, it has been a known scientific reality that eyewitness testimony is mostly unreliable.
Your evidence, whether it is a close accounting of your whereabouts – supported by calendars, video of your actions has weight or time-stamped receipts has weight. Producing evidence may seem like a challenge, but with help, it’s not as scary as you may think.
You should not post about your case on social media. You should not talk about it with your close friends. You should not email your ex about the allegations. Any action or statement you make publicly – or privately – is potential ammunition against you. Silence on the issue is the wisest course of action.
Your lawyer is the person who should take the lead on answering, addressing and fighting falsehoods. They have the knowledge of evidence rules and conventions and can often aggressively dispute any lies against you.
One thing you should take a great deal of comfort in is that lying and fabricating evidence in Court is a crime. The judge may hold the other party in contempt. Often, a lie to the Court creates a very negative outcome for the individual trying to “win at all costs.”
With 30 years of experience in family law, Jason Benjamin has handled more than 1,000 child custody cases and regularly takes on complex, high-conflict matters involving emergency custody orders, domestic violence, restraining orders, mental health concerns, and substance abuse issues. Jason brings decades of courtroom experience to challenging family law disputes and is committed to protecting families during some of the most difficult moments of their lives. He is known for taking decisive action, building strong legal strategies, and advocating aggressively when the stakes are highest.
This page has been written and reviewed by the Envision Family Law team in accordance with our editorial guidelines.
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