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My daughter and boyfriend broke up and 4 days later he was…

My daughter and boyfriend broke...
My daughter and boyfriend broke up and 4 days later he was living with someone else. Since then they have had a restraining order put on her for calling them names plus texting supposedly 100 times one night which we have proof that she didn't. Court is for Dec 13. This morning she got a police report saying she made a restricted call to one of there friends wanting them to text her x boyfriend..She DID NOT DO THIS. it was suppose to be on 11/5 at 11:30am. I was with her all morning. We don't even know what a restricted call is. Can't the police get the number and find out it wasen't her? Now she has to miss another days work and go to court on the 12th..This will never stop until she has lost her job and everything else. They are vicious people. Please believe me my daughter did not do any of this.
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Answered in 11 minutes by:
11/8/2012
Dave Kennett
Dave Kennett, Lawyer
Category: Criminal Law
Satisfied Customers: 27,690
Experience: 25 years experience practicing attorney
Verified

-Could you explain your situation a little more?
Have additional charges been filed?

What is the purpose of going to court on the 12th? Are there two separate hearings?

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Customer reply replied 5 years ago


She was just chagred with calling them names and texting too much..Thats what the restraining order said..Then today she got a form saying she was in violation of the restraing order saying she made a resrticted call to someone to get them to text her xboyfriend..Dec 13 is for the first restraining order and the 12th is for the restricted call she NEVER made.

Dear JACUSTOMER - I understand that she didn't make the call or text or whatever but if she is charged with doing so she has to defend herself in court. She can't simply say "I didn't do it" and not appear in court. If she has proof she didn't make the call or text she needs to present that information to the court. I can't imagine how the court can show that a "restricted" call came from her unless someone was able to trace the call. It is the burden of the state to prove she is guilty, not her job to show she is innocent. She may also be entitled to a court appointed attorney if this is criminal and not civil contempt. In any event, the only possible way to avoid going on the 12th would be to call the court and ask if everything can be combined on the 13th in one hearing. You may also want to make certain that the court is even open on the 12th since many government offices are closed for Veterans Day since it falls on a Sunday this year.
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Customer reply replied 5 years ago


One more question. What is a restricted phone call? She's accused of doing it but we don't know what it is. And will the police be able to get the number? If so that will prove she didn't do it.

A restricted call, as far as I know, is one that doesn't identify itself on caller ID but with all the various terms used in today's massive communication networks I can't guarantee that is what was meant in this situation since different people use different terms for the same thing. I know of no legal term such as "restricted call" so I cannot be absolutely positive what was being referred to. As far as the technology involved in tracing phone calls that would have to be asked to someone who is an expert in electronics and phone systems. If it can be traced then a subpoena would be need to access the records.
Dave Kennett
Dave Kennett, Lawyer
Category: Criminal Law
Satisfied Customers: 27,690
Experience: 25 years experience practicing attorney
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