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N Cal Attorney
N Cal Attorney, Lawyer
Category: Criminal Law
Satisfied Customers: 9029
Experience:  Since 1983
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I will be applying for a tro against an expartner who is harrassing

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I will be applying for a tro against an expartner who is harrassing me, making threats to hurt anyone I may date, broke into 3 of my email accounts and deleted everything. Then she sent an email from one account and then I knew it was her. I;'ve already sent a email to yahoo to request IP address info. In the past, she has claimed that I have threatened people she was seeing so I've been hesitant to take action and keep on decdent terms with her.    She has threatened to hurt herself when I wouldnt do what she wanted, I would warn, hey I'm gonna call 911, she said she would hurt herself and say it was me.   She has a thick kaiser hospital file for wanting to kill herself (over our relationship problems, which were mostly around her lying and cheating quite brazenly.) If she tries to fight the tro or counter claim, can I have a judge subpoena her mental health records to demonstrate her instability?
Submitted: 7 years ago.
Category: Criminal Law
Expert:  N Cal Attorney replied 7 years ago.
will I need an attorney to request the subpoenas?

Code of Civil Procedure § 1985(c) states:
(c) The clerk, or a judge, shall issue a subpoena or subpoena
duces tecum signed and sealed but otherwise in blank to a party
requesting it, who shall fill it in before service.

I doubt the Court would order her to attend therapy, but she can be ordered to stay away from you and not harass or threaten you.

I hope this information is helpful.
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