Have Legal Questions? Ask a Lawyer Now.
It is unlikely that the judge would award the permanent RO if your boyfriend can provide his phone records that show his cell number and all the calls made. The judge would have to have some reasonable evidence that someone made threatening calls in order to issue the RO. She will likely state that she recognized his voice so he should maintain that he never placed the calls and that she is simply wrong.
If she reported this to the police, then they may be able to contact her cell phone company and trace the calls back to the source and place the appropriate charges against whoever actually made the calls. But if it was a prepaid phone, it may be hard to trace.
There may be a time lag between my replies as I am typically working with several customers at any given time, but rest assured, I will get back with you as soon as I am able.
If you need additional clarification on this question, just click "Reply" and I will be happy to help you. Please give me as much detail as you can so that I can respond after receiving all the relevant details.
He was actually hoping that her cell phone company could do that, but when we contacted our phone company, they informed us that there was no way they could trace a blocked call from a week ago but if the police warranted a tracer they could place a tap on her phone to trace any future private phone calls (which wouldnt help us). This girl has a history of abusing the court system to create havoc in other peoples lives but I dont know how we could prove that other than hearsay. She puts on a good show and creates these extensive lies. Is there a way to pull her background of serving people with restraining orders or pressing charges on her boyfriends?? Are facebook emails emissable (not sure if thats how you spell it) in court? The sherriff told us there were only certain ways that you can present evidence to the judge. Would his phone records (even though the number is XXXXX to my name) emissable? Can he ask the judge to look at her arrest record even though all the charges have been dismissed (she has been arrested for assault and battery 4 times, simple assault 3 times, communicating threats, larceny, breaking and entering, 2 dui's... needless to say, she knows the court system very well and how to work it)?
Yes, if you have any type of communications from her, he could use those as evidence to show her mental state and his response. As long as his number is XXXXX on the records, then he can show them to the judge to prove he didn't make the calls from his cell phone.
He could try to explain to the judge that she has a history of doing this and this is yet another example of her harassing conduct. The judge may refuse to allow any testimony about previous things unless he believes this shows a "course of conduct" in which she makes false allegations against people to harass them.
His best course of action is to show whatever records he has and just maintain he didn't make the calls, wants no contact with her, and wishes she would get on with her life and leave him alone.
Well, if he isn't being charged with any thing criminally, then he can address it on his own without an attorney. Basically she has to prove her case to the judge in order for him to be convinced to issure the RO.
If his name appears nowhere then you would have to go with him to testify that the other number is XXXXX fact his. If he has the phone with him, obviously the court could call it to verify it was his.
The only way to get anything in about her previous actions would be for him to state to the judge that she has done this before to people and see if the judge picks up the ball and runs with it.
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).