Can I Press Charges for Perjury in a DV Case in Milwaukee, WI?

Question from Super, Can I Press Charges for Perjury in a DV Case in Milwaukee, WI?

Answer from AI:

If you’ve been falsely accused of a felony domestic violence (DV) case and later proven innocent, it’s understandable to feel wronged and seek justice, especially if these accusations have led to significant personal consequences, such as being separated from your children. In Milwaukee, Wisconsin, as in other jurisdictions in the United States, perjury is a serious offense. However, the process of addressing perjury, particularly in the context of a DV case, is complex and requires careful navigation of the legal system.

Understanding Perjury

Perjury is defined as the act of lying or making misrepresentations under oath in a legal proceeding. In Wisconsin, perjury is considered a felony offense. The challenge in perjury cases, especially in the context of domestic violence allegations, lies in proving that the individual knowingly made false statements with the intent to mislead the court.

Steps to Address Perjury

1. Gather Evidence: Collect all available evidence that clearly demonstrates the falsehood of the testimony. This may include messages, emails, witness statements, or any other documentation that contradicts the accuser’s claims.
2. Consult with a Legal Professional: It’s crucial to seek advice from a lawyer who has experience with perjury cases or family law. They can provide guidance on the strength of your evidence and the feasibility of pursuing a perjury charge.
3. Report to Authorities: If advised by your lawyer, the next step would be to report the matter to law enforcement or the district attorney’s office in Milwaukee. It’s their discretion to investigate and potentially press charges based on the evidence provided.

Considerations and Limitations

• Statute of Limitations: In Wisconsin, the statute of limitations for most felony charges, including perjury, is generally six years. However, this can vary based on specific circumstances, so it’s important to act promptly.
• Legal Complexity: Proving perjury requires demonstrating that the false statement was made knowingly and had a material impact on the case’s outcome. This can be legally complex and challenging to prove.
• Impact on Custody: While pursuing a perjury charge might feel like a path to justice, it’s important to consider how this action could impact custody arrangements and your relationship with your children. Legal strategies should be discussed with your lawyer, focusing on the best interests of your children.

Seeking Legal Advice

Given the complexities involved in proving perjury and the potential implications for your family, consulting with a legal professional is essential. A lawyer can offer personalized advice, help you navigate the legal system, and work towards protecting your rights and interests.

For more information on perjury laws in Wisconsin, you can visit the Wisconsin State Legislature website.

Note: This information is intended to provide a general overview and should not be construed as legal advice. Legal outcomes can vary significantly based on the specifics of each case. If you believe you are a victim of false accusations, it’s crucial to seek professional legal counsel to explore your options and determine the best course of action.