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If perjurious statements were used to acquire a 258e or 209a , does that mean the orders were fraudulently acquired ?

Hardwick, MA |

For the 258e she said we weren't in a relationship in the 209a , she said we were . I have affidavits proving for the 258e and waiting on tape recording for the 209a . But getting a 209a requires that we were in a relationship . In Massachusetts and Federal law , the defendant under oath has knowingly made 2 or more declarations , which are inconsistent to the degree that 1 of them is necessarily false , need not specify which declaration is false if : ( 1 ) each declaration was material to the point in question and ( 2 ) each declaration was made within the period of the statue of limitations for the offense charged under this section . This being said , does the perjury of both claims make them both or one of them fraudulent ?

Attorney Answers 3

Posted

I am sorry to hear what you are going through, but I have to admire that you have done your homework. I think that logically one of those statements has to be purgerous, as one has to be true. You need to consult with an attorney where you present to him/her all the facts with all the details. Just a word of caution... You may win points on a technicallity, but you may lose when the substance of the complaint is reviewed. Again, have an attorney go over this with you. Good Luck and God Bless.

Lawrence Pilon, Esq.
273 State Street, 2nd Floor
Springfield, MA 01103

(413) 304-3477
www. attorneypilon.com
attorneypilon@gmail.com

The answer to this question is for informational purposes only and is expressly not legal advice. This information is not intended to create, and receipt of it does not constitute, a lawyer-client relationship. Readers should not act upon this without seeking advice from professional advisers.

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Posted

It depends on the facts of the case and the affidavits filed. Consult with an attorney who can review the documents and better advise you.

The answer to this question is for informational purposes only and is expressly not legal advice. This information is not intended to create, and receipt of it does not constitute, a lawyer-client relationship. Readers should not act upon this without seeking advice from professional advisers

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Posted

I am a 100% disabled veteran which puts me out of reach with legal aid, but I am on a fixed income so I don't have the resources for a lawyer

Asker

Posted

the facts are 1. She did state a false material fact “he has fabricated a relationship between us” 2. She did know that the statement was untrue 3. Her intent was to deceive the Massachusetts court in order to prove that she and myself were not in a relationship. This intent was to prove to her boyfriend we weren’t in one either. 4. The Massachusetts courts did rely on the perjurious statements to issue a Harassment prevention order against me. 5. The Massachusetts courts did issue a Harassment Prevention order against me, thus the judicial system was undermined by these false statements by issuing a judgment under false pretenses.

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Posted

and then for the 209 a, she sated we were in a substantive dating relationship

Posted

Filing an action against a person who propounded lies may be
protected in part or whole by anti-SLAPP statutes.

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