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Is giving false information on a Affidavit of Facts In Support Of A Temporary Restraining Order" perjury?

San Antonio, TX |

I found this by accident in my divorce case, she told a lie to try and get this it shows on there paperwork that it is taken under oath, this is not to run and tell DA as they do nothing anyway unless you are a woman in my county in Texas. But this is still perjury right? Is the Addidavit Of Support taken a sworn under oath? This is just for my files.

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Attorney answers 1


When a person executes an affidavit, and the court relies on it, then intentionally lying on the affidavit, in a material manner, can constitute perjury. I stress "intentionally" and "material," and it must be a false statement of fact, not merely opinion. For example, if your wife said that someone is a "bad father," but he was really a good dad, that would not be perjury because it is merely opinion. On the other hand, if your wife said that she saw you beat your child with a baseball bad, and she knew this was a lie, this would probably be perjury.

Marc A. Pederson

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