Max Miller lawyers admit false custody claim in Domestic Violence Attorney case
Rep. Max Miller’s lawyers admitted he gave false testimony in his domestic violence attorney case against ex-wife Emily Moreno. The admission centers on his claim that girlfriend J.A. was inside his home during a Feb. 1 custody exchange involving the couple’s 2-year-old daughter.
That exchange now sits at the center of a protection-order fight. Moreno’s lawyer, Andrew Zashin, moved Wednesday for sanctions and attorney fees after Miller’s team declined to drop or amend the request against Moreno.
Feb. 1 custody exchange
Miller, a Republican congressman from Ohio, had told the court in a notarized Feb. 27 statement that J.A. was present during the entire exchange. He also said she had given statements to DCFS and a private investigator, and that she did not hear any commotion.
His statement went further, saying the Ring doorbell video showed Moreno was “in a good mood and showing no signs of having been the victim of any domestic violence.” In the video cited by Miller and his lawyers, Moreno can be heard saying “bye,” and Miller tells the child “love you” as she leaves with her ex-husband.
Lawyers reverse course
Nearly two weeks later, Miller’s attorneys emailed Moreno’s lawyers and wrote that they had learned the girlfriend was “in fact not likely present at Max’s home during the time of the child exchange.” They added, “We still, however, feel the video-recorded exchange demonstrates no altercation between Max and Emily.”
That admission undercut the factual basis for Miller’s earlier account. His lawyers had used the claimed presence of J.A. and the surveillance footage to support a protection-order request in the contested custody dispute.
Zashin motion on Wednesday
Zashin asked Miller’s legal team on Monday to drop or amend the protection-order request. After they declined, he filed a motion on Wednesday asking the court to sanction Miller’s lawyers and award attorney fees.
Brown responded that “These videos are from immediately after the congressman allegedly abused Ms. Moreno. She is a liar.” He also said the footage showed Moreno was “under no distress whatsoever,” while Zashin said Miller was trying to “weaponize the law” and that the civil claims were “meritless.”
The immediate issue now is whether the court treats the false-witness claim as grounds to punish Miller’s lawyers and shift costs to his side. For Moreno, the next fight is over whether Miller can keep pressing the protection-order request after his own attorneys withdrew the key claim that J.A. was there.
