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Order of Protection with Ex Wife

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Darcwolf

Junior Member
What is the name of your state? Illinois

Hi, last month I had a order of protection against my ex wife for phone harassment. I told her that I wanted nothing else to do with her, and she is fighting the order.

I received a summons to go to court today and I she said that I have been harassing HER?
The she explained to the judge that I was calling her over and over. She claims to have me on
her voice mail. She also claimed that I am calling her on a prepaid phone. She is using this to have the Order of Protection removed.

I want nothing to do with her and her family, I have not been calling her long since the judge stamped the order. I need to Subpoena my phone records for court. I have no idea on how to do that and the judge was no help as well as the people in the court building in downtown Chicago.

Where do I get the Subpoena for my phone records and how to I fill it out and where do I file it?

Thanx
 


needhelpinillin

Junior Member
I went through something like this and it is her burden to prove you called her. If you are sure you never left a message and/or called her, how will she have proof. If you put the OP in place and it is still in place the judge should see she is just making an attempt to get rid of it at all cost. You can take the court papers and contact your phone companies legal department and ask them what to do. If she is saying you are calling from a phone card then those records won't reflect that, That is why she is saying you are using one. The judge hears it all the time, just remember if she tries to intruduce anything into evidence, Object to it. Learn different reasons of why you can object.
 

Darcwolf

Junior Member
I went through something like this and it is her burden to prove you called her. If you are sure you never left a message and/or called her, how will she have proof. If you put the OP in place and it is still in place the judge should see she is just making an attempt to get rid of it at all cost. You can take the court papers and contact your phone companies legal department and ask them what to do. If she is saying you are calling from a phone card then those records won't reflect that, That is why she is saying you are using one. The judge hears it all the time, just remember if she tries to intruduce anything into evidence, Object to it. Learn different reasons of why you can object.
Yeah I see, but I did contact the legal department of Sprint and Vonage, they both say to get a subpoena to get my phone records. they were no further help. She continues to harass me by calling me with a private number and changing her callback number with her Blackberry when she texts me. She has even called Sprint and had my passwords changed and even had my phones, both Vonage, my AT&T DSL, and my Sprint Cellphone turned off, had my voicemail messages deleted. I am still paying off the early cancellation fee that Sprint says I owe for the disconnection. She had my phone turned off so that the evidence would be destroyed, and it worked, not to mention the disconnection fee and reactivation fee.

I have another case with those harassing calls that got me the OP, and she is fighting that. Their attorney is trying to get the evidence thrown out and get the case dismisses. I have the print out of the calls, and recorded and transcribes the texts and Voice mail messages, but their lawyer says that it's all hearsay.

I just don't know how to deal with this....

EDIT: My ex is getting a subpoena for her cellphone records, but not for her home phone. I believe that she doesn't want the court to see that she may have been harassing me from her home phone.....How do I go about getting a subpoena for HER home phone?
 
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I don't know how to get the phone records, but did want to make a suggestion.

I had similar problems with my accounts too. STBX commited identity theft, ... Anyway, I found out that almost all of my accounts could have an extra password added in addition to the typical name, SSN, Bdate, MothersMaidenName. You have to ask to have the extra password added. Since I changed my account numbers and added this extra level of security, I haven't had a single problem. You should change to an unlisted phone number too. It's a pain, but it will stop the calls.
 

noneshere

Junior Member
Ive read your post

If she has filed , more then likely she will receive the order. All that is required by law is witness testamony..And she is the witness. And there is no need for a lawyer.

Don't be suprised.

Even If she did not file for a O/P, in most states you can file as many times as you want to have an O/P disolved or dismissed. And guesss what , the petitioner gets a served with a subpoena to be in court every time. A judge cannot call it contemt of court or harrassment, all they can do is deny the motion. Yet the person can leave the court room and file another.And the petitioner will be served again.It can break a person pretty baddly.

O/P and R/O's are petty ways the state dose make revenue.

They are not equally placed.Meaning both are not under the same provisions.
They don't go mutually between..One has to file there Own against the other.
All to often they show who really "raises the hand" first, this can cost you in society

Fact is , for a person who is really in danger they are equivlent to giving a cancer patient and asprin. They are just not worth the paper written on.

And then to really make it all worse they are public records of your "ways"..I will not , take a job , or allow anyone with this background around me or my buisness.
It's just apart of the figures.


1 of my past relationships went for a R/O on me it was granted and abused..And the person ended up with felony charges of phone harrassment . You will find the police involved will now become the judge, as if they don't already have enough to deal with in there line of work.
I could of very well went with factuall evidence to receive an R/O. Not me..... The petitioner was hit pretty hard for there ways, worst of all they are a convicted felon.

The state will most never charge a petitioner with false arrest or purgery, it would be going against what they have allowed to happen in there system already. But If you play things right you can catch a person with a criminal charge "not relating" to the injunction.

Fact is when you learn to read the system, you will find very few times dose family law ever resolve and issue as criminal courts do. Family law wants the parties to come back, You can file to dismiss your own O/P against the respondent and be denied by the Judge...And it will remain in full force

When you deal with matters like this in general, always go for the criminal side , and your name will never show up on public records with such ways or problems..
 
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