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

Asked over 1 year ago - 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)

  1. Lawrence Joseph Pilon Jr.

    Contributor Level 8

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    Answered . 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... more
  2. Brynn Sullivan Zawada

    Contributor Level 12

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    Answered . 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... more
  3. Henry Lebensbaum

    Contributor Level 20

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

    Criminal Law (all misdemeanor & felonies in District and Superior Courts), Drunk Driving and Drug arrests, Sex... more

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