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I have a friend (female) who is going through a divorce from

her husband. Me (male) and...
I have a friend (female) who is going through a divorce from her husband. Me (male) and her use to date in high school (2005) and now we are best friends. She left her husband because she wasn't happy with him, and she was scared of him due to verbal abuse (never physical) and he thinks that me and her are sleeping together (which we are not). She is my best female friend and she comes to me whenever she feels as though she has no one to talk to. He is convinced that she has been cheating on him with me and he told her today that he is going to subpena myself and my wife to court as well. He has no proof that me and his wife have been intimate in any way (because we haven't). He said that a few of her friends have told him that me and her have been sleeping together behind his back and behind my wife's back, and he has a picture of my truck at her house one night after i got off work because i dropped her weed eater off to her. He has harassed me and my wife for 2 months now and I have had to go and sign an affidavit against him at my local police station for threatening text messages towards me and my family, him riding by my house screaming absurd words from his truck, and because myself and my wife fear for our lives because he has text me saying "You will find my level because I have give up on life, Take it how you want to" . His behavior has got my wife terrified to be home alone. My wife and I want nothing to do with this. He is threatening her to subpena me and my wife to court if she doesn't sign his divorce papers. Me and her have been nothing but friends. Yes we dated in high school but that was it. My question is can he have me and my wife subpenaed to court for their divorce without him having any viable proof that me and his wife have carried on acts outside of our marriages? Especially my wife who has absolutely nothing to do with her or him. My wife and her haven't been friends since 2007 and has nothing to do with me and her being friends so why would/could he subpena her to court.
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Answered in 3 minutes by:
9/21/2013
Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27,011
Experience: Handle criminal matters in both state and federal courts.
Verified

Samuel II :

Hello

My Name is XXXXX XXXXX I look forward to discussing this with you and providing you information in this regard

JACUSTOMER-56lu75ef- :

Hello and thanks for your time

Samuel II :

The answer to your question is YES, he can request a Subpoena for anyone he wants to in this matter.

Samuel II :

But you can file a Motion to have it Quashed or recalled

Samuel II :

Which means that you state that there is no basis for the subponea

Samuel II :

ad request the court to Quash it

Samuel II :

There is nothing you can do in the meantime, unfortunately.

JACUSTOMER-56lu75ef- :

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.

Samuel II :

The guy is grasping, it seems

Samuel II :

Yes, I fully understand

Samuel II :

So if you get served, then consider filing a Motion To Quast.

Samuel II :

Quash

Samuel II :

And you can see if the clerk fo the court has a form to do that

Samuel II :

or at least provide you with a sample so you can draft it

Samuel II :

If he has an attorney, then the attorney is not going to go for it

Samuel II :

And for him to be holding this over your friend's head is too stupid to even comment on - really.

JACUSTOMER-56lu75ef- :

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..

Samuel II :

Yes, you can state that the subponea is just another form of harassment.

Samuel II :

That there is no evidence of the allegations of infidelity between you

Samuel II :

and that you request the court to Quash the Subpoena

JACUSTOMER-56lu75ef- :

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)

Samuel II :

LOL. Yes. He is out of control. What a shame. This could be an easy process but for...

Samuel II :

It is a shame for the child, too

Samuel II :

So the affidavit is to have a restraining order against him?

Samuel II :

He is not to be contacting you anymore, correct?

JACUSTOMER-56lu75ef- :

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****)

JACUSTOMER-56lu75ef- :

Yes I signed the affidavit on 9-19-13 and he text me today but i didn't respond..

Samuel II :

He should have an attorney to help reel him in. It is hard to go through a divorce without being emotional

Samuel II :

Yes. Best not to respond.

JACUSTOMER-56lu75ef- :

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.

Samuel II :

So when you signed the affidavit did the police say call when he contacts you or what?

JACUSTOMER-56lu75ef- :

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.

Samuel II :

Ok

JACUSTOMER-56lu75ef- :

They never said for me to call or report back to them if he continues to have contact with me.

Samuel II :

Well, maybe they have done that since there has been no contact for a few days

Samuel II :

If he contacts you again or does drive bys, I suggest you call the police

Samuel II :

Tell them you are concerned for your famil

JACUSTOMER-56lu75ef- :

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.

Samuel II :

family

Samuel II :

because he appears to be a loose canon

Samuel II :

You need to say "I am in fear for my family's wellbeing"

JACUSTOMER-56lu75ef- :

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.

JACUSTOMER-56lu75ef- :

If he texts me again today i will for sure give the Police department a call.

Samuel II :

Right.

Samuel II :

I understand

Samuel II :

I suggst you call the police and tell them that you are in fear for the family, if he contacts you again.

Samuel II :

That enough is enough and you do not want to have to take self defense action

Samuel II :

But maybe they already talked to him

JACUSTOMER-56lu75ef- :

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?

Samuel II :

Correct

Samuel II :

That is correct

JACUSTOMER-56lu75ef- :

Awesome. Thanks a lot for all your help. Hopefully i can get through this without needing a lawyer myself ha.

Samuel II :

You're welcome

Samuel II :

Stay calm and Good Luck~

JACUSTOMER-56lu75ef- :

Thanks have a great day.

Samuel II :

You too

Samuel II :

Thanks

Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27,011
Experience: Handle criminal matters in both state and federal courts.
Verified
Samuel II and 87 other Criminal Law Specialists are ready to help you
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Samuel II
Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27,011
27,011 Satisfied Customers
Experience: Handle criminal matters in both state and federal courts.

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