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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 38229
Experience:  17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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My boyfriend was arrested last week for communicating threats

Customer Question

My boyfriend was arrested last week for communicating threats and was served with a restraining order. His ex girlfriend claims that she received 4 private phone calls from him and he told her "your going to die bitch, Im going to kill you bitch, im coming to get you bitch" and that a police officer was there for one of the calls. We have his phone records proving he never called her and an email from her that morning that read "i know you just called me and im calling the cops", he responded "do what you do I dont have your number or want any contact with you, take care paranoid freak and please dont contact me again bc i wont be so polite". Will she be able to obtain the permanent restraining order after he shows the judge his phone records and the email from her that morning? She pressed assault on a female charge 2 on her ex boyfriend 4 years ago and let both get dismissed. His phone records are not registered to his name bc we have a share plan and the phone contract is in my name, but it is his number and he will have his phone in court.
Submitted: 6 years ago.
Category: Legal
Expert:  Barrister replied 6 years ago.

Hello,

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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.

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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.

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thanks

Barrister

 

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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.

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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.

 

Customer: replied 6 years ago.

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)?

Expert:  Barrister replied 6 years ago.

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.

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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.

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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.

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thanks

Barrister

 

.

.

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.

 

Customer: replied 6 years ago.
Would you recommend getting a lawyer or is this typcially something people do by themselves? Im afraid the judge wont look at the phone records since his name is XXXXX XXXXX the phone bill.. well actually my name isnt on their either. There are 2 lines on the account, one is his, one is mine, but my name is XXXXX XXXXX one on the account. When you print the phone record though, neither name shows up. How could we prove to the judge that she does this frequently to people?
Expert:  Barrister replied 6 years ago.

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.

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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.

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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.

 

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thanks

Barrister

 

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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.