By: Stephen J. Plog
When starting the practice of law almost two decades ago, the issues of truth, perjury, and false claims were something I may have heard about in law school, or perhaps seen on TV or in a movie. Scenes of the witness on the stand or the accident victim faking injury to score the big jury verdict were as close to falsehoods permeating the judicial system as I might have seen. Fast forwarding to the present day, I have now had the ability to witness, firsthand, individuals blatantly lying to the court. Lies regarding child abuse in a custody case are perhaps more devastating than in any other legal arena.
As relates to custody litigation, the lies almost always relate to either abuse of a child or domestic violence. They are usually set forth in either an emergency motion to restrict parenting time (visitation) or in a complaint for a restraining order, whether directly in the custody case or as a separate county court protection order case. Sometimes, they might be lies told to a child and family investigator or during a parental responsibilities evaluation. Most Denver custody attorneys represent men and women on both sides of the equation. As such, I have represented many people, over the years, who have been falsely accused of heinous, hurtful, or disgusting acts. As their attorney, the challenging task is to expose the untrue allegations to the court. This is sometimes easier said than done and requires insight and knowledge into what courts are looking for and how to expose the lies. This insight comes with both experience and good analysis of the facts and evidence at hand. Continue reading