First, my case has  been completely dismissed!
Second, it was for an alleged misdemeanor of violating a protective order.

My question: When taking an affidavit to a judge to get signed for an arrest warrant, does all the information in that affidavit have to be factual and truthful?
State of Texas location.

Thank you...

It most certainly does. If you you incurred damages from the warrant and it’s easy to prove LE lies to obtain it; you can eith sue or file a complaint. Really your only options if it’s worth your time.

Typical affidavit has the affiant swearing to the truth of what is within the affadavit.

"True and correct to the best of my knowledge and belief"

There is a difference between a true "mistake of fact" and an outright "lie
'

I'll just state one quote that is in the affidavit. "The victim received an email from an untraceable email address stating....."

How can the detective who took this information, or the Judge who signed it believe the above taken statement to be truthful?

That would depend on how they obtained that information.  Did they legally gain access to your E-Mail through use of a warrant?   Note here the fruit of the poisonous tree doctrine is that anything that is illegally obtained resulting in information can not be used as evidence against you because of the origin being tainted.

No Sir. The information was obtained by talking to my now ex-wife only.

How can the 'fact' that it's untraceable be construed as probable cause that you sent it???

Sounds like this one is more on the judge that signed it than the cop who made the claim.

And I don't see how you could go for perjury with a statement like that.
They're saying:
1. The cop thinks it's untraceable.
2. The cop oughta know if it's traceable or not.

It goes to the whole 'upon information and belief' thing.

Now, if the cops says 'suspect sold a baggie to my CI in a controlled buy, and this baggie contained a substance which tested to be cocaine...', then he's making a clear statement that you can convict him for perjury if it's untrue. (for example your name is Kathryn Johnston and there never was a controlled buy)

The victim likely did receive an email which she showed to the detective.  There's just no proof of who sent it if it came from one of those anon email services; she could even have sent it to herself.

I wholeheartedly agree with the above 2 posts. My understanding is the Statute of limitations (Tx.) on a Civil case is 2 years. Is that 2 years from the arrest or the dismissal?

There’s no such thing as untraceable email. It all has an IP address and even going through a proxy will provide an origin address. It’s just a matter of how hard you want to dig.

There’s also probable cause and proof - 2 very different thresholds. On a protective order, a judge will err on the side of the victim and the burden of proof for wrongdoing would fall on you.

Did you send the email?

Absolutely not!

I'm recovering from an expired DVPO now myself, going through the process of getting my guns back now...most statements made on the ex parte, and I believe spoke in court that day by the plaintiff weren't backed, were exaggerated, and or outright lies. It's a screwed up system and I wouldn't expect that particular judge anyways to make a reasonable decision on something like this, they'd likely air on the side of caution.