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HAMILTON — A Butler County judge took the stand in another judge's courtroom recently to give testimony in a perjury case that is the first of its kind in the county.

Domestic Relations Judge Eva Kessler gave a video deposition before Butler County Common Pleas Court Judge Michael Sage as a material witness in a case against Stephanie Rodriguez of Hamilton, who is charged with the third-degree felony. The mother allegedly provided a sworn false statement on a form that resulted in the temporary removal of her daughter from her father's care.

Assistant County Prosecutor Jason Phillabaum said the 28-year-old mother attempted to circumvent the legal system in October when she did not disclose the truth about her criminal record and that there was a past case involving her daughter in Butler County Juvenile Court.

"This is a sworn affidavit and there was a hearing before the judge that she swore to the truthfulness of her statements," Phillabaum said. "It resulted in a child being removed from her father's shared custody for 10 days, because the judge granted the order based on false information. We are making a stand on this."

During testimony Kessler said in an ex parte order, or one-side order, like the protection order sought by Rodriguez for her daughter, the court relies on a form filled out by the parent, as well as their statements during the hearing.

The court seeks as much information as possible before making a decision and granting a petition for a protection order, Kessler said.

"I rely on that testimony to make an informed decision," Kessler said. "It is a sworn-to affidavit."

The case was transferred from domestic relations court to juvenile court, where it became apparent there already was a custody order for the child. The child was returned to her father's custody and the alleged falsification by Rodriguez was brought to the attention of the domestic relations court.

Annette Lolli, domestic relations court administrator, said it is the first such perjury case involving the court that she can recall.

"We are trying to do the right thing here. And we need the information to be correct and truthful to make decisions," Lolli said.

She added people cannot circumvent the legal process by seeking ex parte orders with information that may not be truthful.

"If it comes to our attention, we want to pursue it (charges)," Lolli said.

Butler County Prosecutor Robin Piper said while the Rodriguez's case is somewhat unique, his office has successfully prosecuted perjury and fraud cases involving false statements on official documents. Some have involved law enforcement officers "fudging" forms that end up losing cases and robbing officers of credibility in future cases.

"They are not as high profile and don't get a lot of media attention, but we do take it very seriously and pursue prosecution," Piper said.

Rodriguez's attorney, Jeremy Evans, had no comment. Her trial is scheduled for Aug. 2 in Sage's courtroom. Kessler's recorded testimony will be part of that trial.

During cross examination of Kessler, Evans pointed out his client left some of the form blank, rather than provide any information at all.

Kessler said when Rodriguez came before her for a temporary protection order she seemed to be concerned about her daughter and some alleged treatment she had been told her daughter was receiving in her father's care.

Contact this reporter at (513) 820-2168 or lpack@coxohio.com.