Husband and wife are divorced in another state. Wife moves to Texas and later files for a protective order alleging that husband has been abusive and she fears him. During the hearing, wife testifies to physical violence which husband takes the stand to deny. Trial court then grants the protective order and specifically finds that the alleged abuse took place. Now the court wants perjury charges filed against husband.

My question is, can I use the judicial findings as proof of perjury or do I have to drag up witnesses. This is a key point since the abuse took place far, far away and the proof might be near impossible without the judicial findings.

I do not think a credibility finding by the judge would be sufficient. Remember that CCP Art. 38.18 requires two witnesses to prove a perjury case.

Don't prosecute perjury when it involves a swearing match. That is my humble opinion after 20 years of being asked to prosecute perjury.

Look for objective methods of proving the lie. Two inconsistent statements under oath is the easiest. To otherwise prove a sworn statement was a lie, you should require relatively unimpeachable evidence, such as a confession, physical evidence or multiple witnesses that can contradict the sworn statement.

If you agree to take cases in which a judge or jury has rejected the testimony of one party as a basis for perjury, you will need to establish a specialized docket, hire some new prosecutors, and prepare for some very unpredictable results.

In particular, resist the temptation to prosecute the case simply because a judge was offended. The judge's opinion adds nothing to the case and would not be admissible at trial. In addition, by the time you get around to trying it, I bet the judge forgets why he got so mad.

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In addition, by the time you get around to trying it, I bet the judge forgets why he got so mad.

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Not to mention he/she will be mad because you brought this case to trial.

Here is a simple solution: no bill.