Attorneys representing Rep. Max Miller (R-Ohio) have acknowledged that a key claim made in a domestic-related court filing was inaccurate, marking a significant development in an already contentious custody dispute with his ex-wife.
The issue centers on a sworn statement Miller previously made regarding a witness he said was present during a Feb. 1 custody exchange. According to earlier filings, Miller asserted that his girlfriend witnessed the interaction and could corroborate his claim that no physical altercation took place.
However, his legal team has since revised that account.
In a subsequent filing, Miller’s attorneys stated the girlfriend was “not likely present” during the exchange — effectively walking back a claim that had been positioned as a central piece of his defense.
Why the Admission Matters
The correction is significant, as it impacts a key factual assertion in court proceedings related to a protection order, custody dispute, and broader allegations.
In cases involving sworn statements, accuracy is critical. Courts rely heavily on such filings when evaluating credibility and determining whether protective measures are warranted.
The revised claim could now factor into how the court assesses the reliability of Miller’s testimony and the weight of other evidence presented.
Competing Allegations Continue
The dispute between Miller and his ex-wife, Emily Moreno — the daughter of U.S. Sen. Bernie Moreno (R-Ohio) — has been marked by sharply conflicting accounts.
Moreno has accused Miller of physical abuse during custody exchanges, allegations he has repeatedly denied. His legal team has pointed to video evidence they say supports his account, specifically Ring doorbell footage showing Moreno and the couple’s two-year-old daughter leaving.
At the same time, Moreno’s attorneys argue that the available footage does not definitively disprove her claims and should not be viewed in isolation.
However, the fabricated testimony stands out. In a notarized statement dated Feb. 27, the congressman denied the abuse allegation, writing, “Unbeknownst to [Moreno], my girlfriend, J.A., was present inside my home during the entire custody exchange.”
“J.A. makes it a practice to remain out of sight at my home during custody exchanges with [Moreno] due to [Moreno’s] unpredictable, irrational, unhinged, and confrontational behavior.”
The New York Post continues:
Miller further attested that his girlfriend “provided statements to DCFS [Department of Children and Family Services] and a private investigator confirming that she was present at my home on February 1 during the custody exchange” and that “she did not hear any commotion.”
Legal Fallout Could Expand
Moreno’s legal team is now seeking sanctions against Miller, arguing that the inaccurate witness claim misled the court.
Such requests typically aim to address:
- Misstatements in sworn filings
- Potential misuse of judicial resources
- Legal costs incurred as a result of disputed claims
If the court finds the issue rises to that level, it could result in penalties ranging from financial sanctions to limitations on future filings.
However, any decision on that front would depend on the court’s determination of intent, materiality, and overall impact on the proceedings.
What the Court Has Already Decided
Despite the ongoing dispute, the court has already issued a limited ruling related to the protection order request.
A judge granted Miller a protection order for himself after he filed a domestic violence case against Moreno as part of a broader effort tied to their ongoing custody dispute.
However, the judge declined to extend the order to the couple’s 2-year-old daughter, citing insufficient evidence to justify broader restrictions.
What Now
Miller’s past has also drawn renewed attention. He previously dated former Trump White House Press Secretary Stephanie Grisham, who in 2021 accused him of abuse, infidelity, and dishonesty. Miller denied the claims and filed a defamation lawsuit, which was dismissed with prejudice in 2023.
For now, both sides appear poised to hold their positions as the legal battle continues.
Further filings and hearings are expected, with the outcome likely to hinge on competing claims, evidence, and judicial interpretation in what remains a deeply contested case.
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