QUESTION
What would I file when the other party has lied to get a court extension?
Asked on Jun 24th, 2019 on Domestic Violence - Florida
More details to this question:
There is a request for an injunction, the court has not granted a temporary order only set a court date. But the other party put in an motion to continue stating there was a death in their family. I have only recently discovered that she lied to the court to drag this out longer. The new court date isn't till July 11th. What can I file to possibly get this dismissed due to her lying? I was going to file a motion of contempt and request she provide a death certificate. But I'm unsure.
1 ANSWER
I am assuming that the "lying" party attempted to get a domestic violence injunction against you? If so, as you stated, no injunction has been entered, so you know the adage- "not guilty until proven so."
Often a court will grant a continuance for any number of reasons, when it will not prejudice the party who did not request the continuance. SInce there is no injunction entered, it was not technically prejudicial. You can request that she bring a death certificate with her, but I would also ask her details of the death, what relative, location of funeral, etc. when you do go to court. The relevance- if the court asks- is to show she was untruthful, and therefore, she may be untruthful about what she is saying to try and get an injunction against you.
Best of luck,
Cindy S. Vova
Law Offices of CIndy S. Vova, P.A.
Broward/Boca Raton
954-316-3496/561-962-2785
Answered on Jun 27th, 2019 at 5:27 AM