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Originally Posted by mehavey
If that can borne out in the Discovery phase of a lawsuit (where mail, email, conversations, etc, etc, come to light in evidence),
I'll wager she is liable both criminally and civilly.
Could get very interesting in setting "good faith" threshhold on this process.
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Never mind "good faith." The Colorado law stipulates that a petition for an ERPO is made by affidavit (which is a sworn statement) under penalty of perjury. The woman perjured herself at least twice, once by saying that she has (or had) a child in common with the LEO and again in attesting that he was an immediate threat to her.
In a video I watched on her being interviewed after the petition was denied, a reporter asked her about the perjury issue. She wasn't about to admit that she had perjured herself, so she maintained the position that she didn't think she had committed perjury but she wasn't going to say why because she wanted to preserve her strategy for when she appeals the dismissal of her petition.
Interview:
https://kdvr.com/2020/01/16/womans-r...er-son-denied/
The video indicates that the state AG's office did, in fact, tell the judge that Holmes' petition was not made in good faith.