Perjury is lying to the judiciary about a fact material to a case, whether on a sworn document—such as a restraining order application or affidavit—or in a courtroom after looking a judge in the eye and swearing an oath to tell the truth, the whole truth, and nothing but.

A material fact is one that’s likely to influence a judge’s ruling. A plaintiff who falsely testifies during a restraining order hearing, for example, that s/he was sexually harassed, threatened, or assaulted is a perjurer. Even a false allegation of fear, which may be the only basis for a restraining order, is a perjured allegation.

Though statutes designating perjury a crime are seldom enforced—and then only in publicly prominent prosecutions (such as those of professional athletes accused of doping)—perjury is a felony whose sentence prescribes a fine and/or term or incarceration.

Perjury is deemed a grave offense, because its practice not only exhibits contempt of the court’s authority but usurps that authority, besides, leading to miscarriages of justice.

Rarely, though, is perjury treated as a grave offense.

The courts, in fact, are notoriously tolerant of lying by restraining order petitioners, often cynically regarding it as part and parcel of the process.

Indeed so offhand has the awarding of restraining orders become that judges may even induce petitioners to lie to them, which act is itself a felony crime: subornation of perjury.

One woman just wanted her ex-boyfriend to stop calling and bugging her. I thought, no way is she getting [a restraining order]. The judge asked her, “Are you afraid he will hurt you?” She answered, “No.” The judge said, “I cannot issue one if you have no fear of him.” She said, “I don’t think he will hurt me…I don’t want him to bug me,” and fumbled for what else to say. The judge again leaned in, stuck her head forward and said, “I am going to ask you one more time: Do you fear him?” She said, “Yes.” Bingo! You just won a restraining order.

This blog is reached by people every week whose lives have been damaged, derailed, devastated, or destroyed by restraining orders grounded on perjury.

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