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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37665
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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What type of civil case do I have when my girlfriend broke

Resolved Question:

What type of civil case do I have when my girlfriend broke the door into the bedroom where I was laying down, punched me in the chest and scratched off a chunk of my nose and my cheek on May 6, 2013 in Siesta Key, FL. I live in Pgh., PA and she lives in Philadelphia, PA. She was drunk and violent. She now acts as if the whole thing did not happen. Some of the key evidence is on the telephone calls on May 6 between her mom and her where she admits all of the damage she inflicted on me. I want the truth to come out. She is lying and she is the mother of my 3 yr old daughter.
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question. I am a licensed Pennsylvania professional and will do my best to assist you with your concerns.

I am genuinely sorry that you are in this situation. Did you take images of your injuries? What, ideally, do you wish to accomplish?
Customer: replied 1 year ago.

I took several pictures of myself and the broken interior door but my Iphone 4s was experiencing problems and my girlfriend knocked it out of my hand and onto the ceramic tile floor numerous times after she broke the door bc I wanted to get a picture of her in that state of mind as I knew that she would deny it all later. So I took pictures, I could not find them on my IPhone and the only picture that I have is one taken 40 hrs after the incident that shows the marks on my nose and cheek. Sorry for the reply. I am sure that this sounds like bs but it is all true. I am frustrated. Anyway, I really want to get the telephone calls into evidence as these calls were during the evening when she was drunk. How can I subpoena these phone call records? She admits to doing what I said during these calls. She also has refused to pay for the damaged door and for 1/2 of the condo fee.

Expert:  Dimitry K., Esq. replied 1 year ago.

Scott,

I do not in any way think that your story is BS. In fact what you are describing is all too distressingly common for men in relationships. Domestic violence is woefully under-reported by men against women due to this shame spiral, feelings of humiliation, and at times claims of disbelief of how someone who is physically weaker can abuse someone stronger, as if abuse is only based on strength. So no, I do believe your situation, it is just that phone calls (if you did not record them) are not kept by telephone companies as recordings, merely as a record of when a call was placed.

In your situation you may seriously want to consider going to your local police department and filing for a restraining order. Then, if the order is granted, you would need to go to court in front of the judge and make that order binding against her. this would be the best way of protecting yourself from further assaults. As for subpoenas, you can simply bring a copy of your own phone records with you, as you would not be able to to obtain transcripts from the phone companies.

Good luck.

Customer: replied 1 year ago.

Thank you! I just thought that if Verizon and AT& T have to send this information to NSA, and they are recording calls on all Americans and they can listen in if they want, why can't I subpoena the phone calls. One lasted 20+ minutes (left on by my girlfriend while I was asking her why she broke down the door and why she hit me and why she would not let me leave the condo front door) and was from her cell phone to her home. Can't I get access to this critical information? Without it, I know she will lie and her mom will too.


 


If I seek a restraining order on her, do I do so in the community where she lives as we now live 300 miles apart. How will this work itself out for visitation rights and things like that? Sorry, I just have questions and I will pay you more if we can develop a dialogue that gives me a plan of action. Thanks.

Expert:  Dimitry K., Esq. replied 1 year ago.

Scott,

The NSA concern is legitimate but so far it hasn't been authenticated officially, and there is as yet no evidence that all phone calls are recorded. You are not the first to suggest it but so far nobody has been able to subpoena the NSA.

If you seek a restraining order you do so where you reside as you are the victim. In terms of visitation rights you can go back t court and request that she hand-off the child to you via a neutral third party so that you do not have to be in contact with her directly. Those are legitimate options to consider.

As for your questions, please take your time and ask them--I must inform you that I will be logging off for a few hours but I will be back tonight if you have additional concerns. You can post them now but I cannot guarantee that I will reply to them before the evening.

Please be well!

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37665
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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