False Statement Defense Strategies

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Summary

The user is dealing with a criminal case and false statements made by an ex-spouse. They can report the false statement, gather evidence, and consider suing for defamation. For custody issues, the court prioritizes the childs best interest. Mental health and emotional distress can be used in defense, but expert testimony and medical records are crucial. Family history and current mental evaluations can support the case. Consult an attorney for tailored advice.

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I am currently fighting a criminal case which i have been fighting for over 18 months now. today i had court and was supposed to be getting mental health court. well my ex wife showed up in court and told the district attorney that she just remembered that i pointed a gun at her over 18 months ago, which is a complete lie. she knew that i was going to get mental health court today which meant that she would have to start allowing me to see my children so she decided to show up and make a false statement trying to get me in more trouble. what can i do about this?
Hi Danny, in California:
- You can report the false statement to the police as per Penal Code *.* PC.
- Gather any proof you may have of your innocence or her intention to lie.
- You can also sue for defamation, but consult an attorney first.
Remember, this is general advice. Please reach out to a legal professional for advice tailored to your situation.
is there anything else i can do in my defense?
Absolutely, Danny. In California, you can:
- Request for a lie detector test, though it's rarely admissible in court.
- Assemble character witnesses who can vouch for you.
- Maintain regular contact with your lawyer to strategize your defense.
Remember, consult your lawyer before making any decisions.
A proceeding to determine physical or legal custody or for visitation in a proceeding pursuant to the Domestic Violence Prevention Act (Division * (commencing with Section *)). In an action under Section *, nothing in this subdivision shall be construed to authorize physical or legal custody, or visitation rights, to be granted to any party to a Domestic Violence Prevention Act proceeding who has not established a parent and child relationship pursuant to paragraph (*) of subdivision (a) of Section *. what does this mean
This legal text essentially means that custody or visitation rights cannot be granted to a party involved in a Domestic Violence Prevention Act proceeding unless they have established a proper parent-child relationship as per the requirements of Section *.
what is a proper parent child relationship per section *?
In California, a "proper parent-child relationship" under Section * typically means that the person is legally recognized as the parent of the child, which involves establishing paternity or maternity. Biological connection, adoption, or legal acknowledgement can establish this. Always consult a lawyer for specific advice.
what does code *.* in california family law mean?
Section *.* of the California Family Code states that neither a parent's absence nor relocation from the family residence changes the child's or parents' custody and visitation rights. However, it also mentions that this doesn't prevent the court from modifying custody or visitation rights based on the child's best interest.
If custody of a minor child is the sole contested issue, the case shall be given preference over other civil cases, except matters to which special precedence may be given by law, for assigning a trial date and shall be given an early hearing. (b) If there is more than one contested issue and one of the issues is the custody of a minor child, the court, as to the issue of custody, shall order a separate trial. The separate trial shall be given preference over other civil cases, except matters to which special precedence may be given by law, for assigning a trial date. what does this mean?
This means that if child custody is the only disputed matter, it gets prioritized for a trial date over other civil cases, except certain exceptions. If there are multiple contested issues including child custody, the court will order a separate trial for the custody issue, which also gets priority in scheduling.
what is considered other contested issues?
"Other contested issues" could refer to disputes such as division of property, alimony, child support, or legal fees. Basically, any disagreement in a court case that needs to be resolved is considered a contested issue. It's best to consult your attorney for specifics.
Notwithstanding any other provision of law, access to records and information pertaining to a minor child, including, but not limited to, medical, dental, and school records, shall not be denied to a parent because that parent is not the child’s custodial parent. what does this mean?
This provision essentially means that a parent, even if they do not have custody of the child, should not be denied access to the child's records. These records may include medical, dental, and school records. It emphasizes the right of non-custodial parents to access their child's information.
what does this meanSection *.* of the Welfare and Institutions Code.
Section *.* of the California Welfare and Institutions Code is part of the Elder Abuse and Dependent Adult Civil Protection Act. It defines 'abuse of an elder or a dependent adult' and includes physical abuse, neglect, financial abuse, abandonment, isolation, abduction, or other treatment resulting in physical harm or mental suffering. Please consult a lawyer for specific advice.
is there more likely of a chance of a parent using parental alienation or malicious parent syndrome if that parent was abandoned by there family, leading that parent to being in foster care there entire life?
This is more of a psychological question than a legal one. However, from a legal perspective, the court usually considers the best interest of the child in custody cases. This includes evaluating each parent's ability to provide a stable, loving environment. It's best to consult a mental health professional for insight into behavior patterns.
if i am fighting a false child endangerment charge what are my chances of getting visitation with my children?
Your chances of getting visitation rights in California depend on several factors:
- The court's determination of the best interests of your children.
- The evidence presented against the child endangerment charge.
- Your demonstrated commitment to your children's welfare.
It's highly recommended to consult with your attorney for advice tailored to your situation.
what can i do if i am being charged with child endangerment and cruelty to a child after i attempted suicide?
In California, it's crucial to:
- Seek representation from a competent defense attorney.
- Gather any evidence that may disprove the charges or show you're not a danger to your children.
- Pursue mental health treatment if not already doing so.
Remember, every case is unique. Please consult with your attorney.
how can i be charged felony charges if i was not in my right state of mind mentally or emotionally?
In California, mental illness or emotional distress may be considered in your defense. However, it's typically not enough to completely absolve you of felony charges. It's essential to:
- Consult with a defense attorney
- Seek professional mental health assessment
- Present any evidence supporting your mental state at the time.
Every case is unique, consult with your attorney.
what mental illness or emotional distress is considered when trying to get a case absolved?
In California, several mental conditions may be considered in a defense, including but not limited to:
- Severe depression
- Bipolar disorder
- Schizophrenia
- Post-traumatic stress disorder (PTSD)
- Acute stress disorder
Remember, effective use of these defenses typically requires expert testimony. Always consult with your attorney.
what is acute stress disorder? and how can it be used in my defense?
Acute Stress Disorder (ASD) is a mental condition that occurs immediately after experiencing severe trauma. Symptoms include disorientation, detachment, and recurring flashbacks. In California, ASD can be used in your defense to argue that you were not in a proper mental state at the time of the incident. Consult with your attorney for a more tailored strategy.
what kind of trauma is considered a part of acute stress disorder?
Trauma that can lead to Acute Stress Disorder typically involves experiencing or witnessing a life-threatening event. This could include severe accidents, natural disasters, violent personal assaults like rape, or military combat. Remember, a healthcare professional should diagnose this condition. Consult with your attorney on how to use this in your defense.
what is needed when trying to prove a persons mental or emotional state was altered or was not of sound mind when the person did something that they are now being charged for?
In California, to prove that a person's mental or emotional state was altered when they committed a crime, you generally need:
- Expert testimony from a mental health professional.
- Medical records documenting the mental health issue.
- Evidence showing the person's behavior was significantly affected by their mental state at the time.

Remember, each case is unique. Consult with your attorney.
what if client has never been to a healthcare professional?
If the client has never seen a healthcare professional, it may be more challenging to prove the mental state at the time of the incident. However, you could consider:
- Witness testimonies about the client's behavior.
- Any documented instances of unusual or erratic behavior.
- Seeking an evaluation from a mental health professional now.
Consult with an attorney for more tailored advice.
can family history of mental and emotional issues as well as family history of abuse, drug and alcohol use be used in consideration of clients mental state?
In California, a client's family history of mental and emotional issues, abuse, and substance use can potentially be used to build a case around their mental state. However, how this information is used can vary greatly depending on the specifics of the case. It's essential to consult with a defense attorney.
what are options for a client whom was not of sound mind mentally or emotionally and was also heavily under the influence of substances attempted suicide after being handed a weapon by a spouse with the spouses intention being vindictive as well as to get the client in trouble in a home where children were present
In California, options for such a client could include:
- Claiming involuntary intoxication if substances were administered without your knowledge
- Presenting evidence of the spouse's vindictive intent
- Seeking a mental health evaluation to support a defense based on your mental state
- Exploring a necessity defense if you felt immediate harm was inevitable
Remember, consult your attorney for specific advice.
how can the client present evidence of spouses vindictive intent?
To present evidence of a spouse's vindictive intent in California, you may consider:
- Collecting text messages, emails, or other written communication.
- Gathering witness testimonies.
- Noting any patterns of vindictive behavior.
Remember, it's crucial to consult with your attorney before taking any action.