Sunday, February 7, 2010

I lost custody of my child due to false accusation. Can I sue the judge if I prove my case in court?

Accusations of violence and/or sexual abuse plus others are commonly made during custodial hearings. The majority of false accusations made during custodial hearings are left uninvestigated, however they have been used to decide the outcome of such cases in favour of the accusing party. As a result, some divorce lawyers encourage their clients to falsely accuse their ex-partners of domestic violence and/or child abuse during custodial disputes.

You cannot sue the judge...They are elected offcials that preside over a trial...they weigh their judgements based on the facts that are provided at the trial/hearing. Your best bet is to prove the allegation wrong (your innocent right) and go back to court. If you can prove your case you will win.I lost custody of my child due to false accusation. Can I sue the judge if I prove my case in court?
Who made the false accusation? The judge only rules on what is put before them.I lost custody of my child due to false accusation. Can I sue the judge if I prove my case in court?
No you can't sue the judge he is only acting on the evidence that is put in front of him.
No because you obviously did not prove your case in court at that time. But now you can get a decent lawyer and prove your case, as long as you have sustantial info.
the judge can not be sued, nor any member of the jury.

but you can sue the false accuser if you have proof that they knew it was false when they accused you. but the judge is safe
don't think so
Recently I managed to get a Child Neglect false accusation dropped, but I didn't sue over it. It is difficult to sue in Family or Juvenile Court. Instead I got on with my life.
You need t prove it a false allegation, then take it back to court. Judges don't really know all the facts, just what is presented to them at the time. If you can submit evidence of it being false then the judge should have no problem appending the order. If he/she does you can always ask the court for another judge of you think they are predjuice.
No. The judge only ruled on the evidence presented and how would he have known that somebody else committed perjury? But, as previous respondents noted, you could sue the person who slandered you if you can prove they lied.
You won't be able to sue the judge because he made the judgement he did based on the facts at hand (false or not), as the judge it is his job to look at them and make a decision. You can sue for custody. But you won't be able to sue the judge for damages.

You can sue whoever made the false accusation for making the false accusation. Not the judge.
No, you can't sue the Judge.
I don't see a lawyer taking your case.
You can't sue a judge for his actions in court unless you can prove that he knowingly and intentionally hurt you. You can sue the perjurer.
No because he ruled on the facts. If he was given lies he used that to mage judement. You can only sue if he intentionally went out of his way to harm you. Even then it would be hard to take on a judge. What lawyer would want to go into his courtroom after challenging him.
allow me to be strictly factual here - you say you have lost custody of your child, that implies that you have had your day in court. now you are trying to prove your case in court? sorry to say but that ship has sailed. you have, nevertheless the right to appeal the decision of the court that ruled against you - within certain time limitations, depending on your state of residence.

please note that the appellate court will only look at what is in the record - meaning if it is not in the transcripts it does not exist.

even if a person committed perjury it has now become fact since you had the chance at the original hearing to remedy this and to object to the given testimony.

this is an extremely difficult venture you are trying to undertake here.

as to your question about the judge - no, the court is immune to lawsuits.

please obtain legal counsel as soon as possible to see what remedies are available to you at this time. good luck, i wish i could give you a more promising answer.
No but maybe who accuse you!
you could try but it would be easier to just sue who accused you in the first place
I would
this is what i think is so unfair man or woman a person can go in and lie to a judge then its up to that person to have your child's life in their hand . yes you can turn this judge into a Judaical board in every state thy have one. just call your local court house thy will give you the number in your state.also file a appeal this will get this judge off of your case. so some one else maybe more open minded will step in hope this helps I've been there . good luck
No. The judge makes a decision based on what is presented to him or her to be true. The person making false accusations can be charged with perjury if you can prove it was a lie.
It's not normal for a judge to remove a child from it's mother just on accusations. Courts can only rule on facts, evidence etc. if you truly feel the judgement is on accusations and not facts and evidence, you should have no problem obtaining an appeal. It would not be up to the same judge whether or not you can get a new day in court. If you are turned down for an appeal, chances are you won't win any other case against for money either.
Sorry to say a judge is ';completely immune from personal liability for exercising judicial functions.'; It doesn't matter if he was malicious and acting in collusion with the accuser. He could even be the accuser's brother and state that was the very reason he based his judgment on, he would still be immune. The U.S. Supreme Court has decided that the facts don't matter.

On the other hand his decision could be overturned, and he could be impeached.

To make matters worse they've stacked the deck so well in their favor most attorneys won't even consider a civil complaint against a judge. The last part of this link talks about a lawyer suing a judge over a child custody case.

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