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Is it possible to subpoena cell phone text records without…

Is it possible to...

Is it possible to subpoena cell phone text records without the assistance of an attorney?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the subpoena was issued in?

There is not currently a subpoena. We are trying to determine if we can subpoena these records in WA state ourselves or if we must hire an attorney to do so for us.

Lawyer's Assistant: Has anything been filed or reported?

A restraining order was filed against my son by a woman who has been stalking and harassing him

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The woman who filed the order was my son's landlady. They had a shared cell phone account (two phones) with her as the account holder.

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Answered in 5 minutes by:
12/8/2017
LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 32,864
Experience: 10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

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Good afternoon. Is there currently a case pending with the court?

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Customer reply replied 8 months ago
There is a restraining order hearing pending

Thank you for the reply. If the cell phone records are relevant and needed to prove something at the hearing or even trial, you can ask the Judge to issue an order / subpoena, for these to be turned over. There is nothing wrong with you representing yourself and you would need to have this ordered by the court since cell phone carriers do not just release these records. You can do it and can ask the Judge for the order.

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Customer reply replied 8 months ago
Thank you, that's all for now.

You are welcome. Please let me know if there is anything else, as I would be happy to respond. If not, please remember to rate my help at this time at the top of this page, prior to leaving, so I can receive the proper credit, for our time together. A 5 STAR rating is greatly appreciated. Thank you.

LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 32,864
Experience: 10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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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).

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