Legal Question in Civil Litigation in Illinois

Re: Depositional Perjury

Illinois law (720 ILCS 5/32-2) provides that �A person commits perjury when, under oath or affirmation, in a proceeding or in any other matter where by law such oath or affirmation is required, he makes a false statement, material to the issue or point in question, which he does not believe to be true.�

There is much about the circumstance you describe which is unknown. She may sought an order of protection in a different county, or filed something somewhere, or filled out a form, or met with a domestic violence counselor to get and order or protection, or . . .

The point is that proving perjury can be difficult. If she believes what she said was true, it�s not perjury. In a recent case, the head of a unit of government lied under oath (according to the judge in the case who found him to be in contempt of court for lying) but was never charged with the crime of perjury. He knew he was lying when he did it, but he never even lost his government position.