Criminal Law Questions? Ask a Criminal Lawyer.
HelloMy Name is XXXXX XXXXX I look forward to discussing this with you and providing you information in this regard
Hello and thanks for your time
The answer to your question is YES, he can request a Subpoena for anyone he wants to in this matter.
But you can file a Motion to have it Quashed or recalled
Which means that you state that there is no basis for the subponea
ad request the court to Quash it
There is nothing you can do in the meantime, unfortunately.
Alright because I know that there isn't any proof that me and his wife had had any kind of an intimate relationship because we haven't. And my wife has not been friends with his wife since after we graduated. She wants absolutely nothing to do with it.
The guy is grasping, it seems
Yes, I fully understand
So if you get served, then consider filing a Motion To Quast.
And you can see if the clerk fo the court has a form to do that
or at least provide you with a sample so you can draft it
If he has an attorney, then the attorney is not going to go for it
And for him to be holding this over your friend's head is too stupid to even comment on - really.
Ok great.. Could I use the fact that he has been harassing me and my wife to to do the Motion to Quash as well? I have been to my local police station and signed an affidavit against him for harassment and have all the threatening messages from him that have been send..
Yes, you can state that the subponea is just another form of harassment.
That there is no evidence of the allegations of infidelity between you
and that you request the court to Quash the Subpoena
I agree 100%. He has even went as far as to have a DNA test done on their child because he believed it to be mine (which it wasn't mine and was proven to be his kid)
LOL. Yes. He is out of control. What a shame. This could be an easy process but for...
It is a shame for the child, too
So the affidavit is to have a restraining order against him?
He is not to be contacting you anymore, correct?
She left and told him she wasn't happy but he has taken it way to far, texting me and my wife with rude messages about our child being a "ugly halfbreed b****)
Yes I signed the affidavit on 9-19-13 and he text me today but i didn't respond..
He should have an attorney to help reel him in. It is hard to go through a divorce without being emotional
Yes. Best not to respond.
I have proof of all text messages sent between both of us and the ones he sent to my wife. She didn't respond to him at all and he text her phone for 2 days straight and called her. I even have proof of him calling me twice the other day as he drove by my house yell "b****" out the window. I tried to get him on video doing it but he never drove by again.
So when you signed the affidavit did the police say call when he contacts you or what?
The officer who wrote it up just told me they would take care of it and in the meantime just don't have any contact with him.
They never said for me to call or report back to them if he continues to have contact with me.
Well, maybe they have done that since there has been no contact for a few days
If he contacts you again or does drive bys, I suggest you call the police
Tell them you are concerned for your famil
The day i signed it was the day he was riding by my house yelling and started texting me talking about my son and how he has nothing to live for.
because he appears to be a loose canon
You need to say "I am in fear for my family's wellbeing"
The officer also told me that if he comes towards me in any way i have the right to defend myself however possible. I am a licensed gun carrier and don't want to have to use that kind of force but if i need to for mine or my families safety i will.
If he texts me again today i will for sure give the Police department a call.
I suggst you call the police and tell them that you are in fear for the family, if he contacts you again.
That enough is enough and you do not want to have to take self defense action
But maybe they already talked to him
So if i do get subpenaed with him having no actual evidence besides what people have said, i can request a Motion to Quash because i feel this is harassment as well. And my wife can do the same because she doesn't have anything to do with either of them?
That is correct
Awesome. Thanks a lot for all your help. Hopefully i can get through this without needing a lawyer myself ha.
Stay calm and Good Luck~
Thanks have a great day.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).