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Can I subpeona cell phone tower records to prove that I didn't send texts that came through my phone?

Riverside, CA |
Filed under: Subpoena

I let my ex borrow my phone & she sent threatening emails to herself & then responded back from her phone. She filed a restraining order & I need to prove that I didn't send them. Can I subpeona her cell phone records like they do in the movies to prove that she was with me when the texts were sent? If not, do you have any other advice about proving my side?

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Attorney answers 1


With a pending lawsuit, you can send subpoenas to 3rd party witnesses like call phone companies, but subpoenas often require a fairly long time to get responses to, and here, I don't see how _her_ cell phone records (or yours, for that matter) show that she borrowed _your_ phone to send herself threatening messages.

If you're going to prove your side of this story, you need to explain why you lent her your phone and why she'd go to all this trouble to fabricate this fake threat. If you're a credible witness and you can successfully attack her credibility, you can prove your side.

Your best bet may be to hire a lawyer who can greatly increase your chances of defeating her application for restraining order by presenting your side in a professional way. Hiring a lawyer signals to the judge you're serious about this, and a lawyer knows how to elicit your testimony effectively and attacks hers.

Avvo doesn't pay us for these responses, and I'm not your lawyer just because I answer this question or respond to any follow-up comments. If you want to hire me, please contact me. Otherwise, please don't expect a further response. We need an actual written agreement to form an attorney-client relationship. I'm only licensed in CA and you shouldn't rely on this answer, since each state has different laws, each situation is fact specific, and it's impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue.

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