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I have a communication question

Fresno, CA |

my ex pushed to have phone calls between us as opposed to anything that can be documented, text, emails, etc., i think shes trying to set me up by calling and falsely accusing me of threats, etc., who can i have with me to witness the phone calls and be able to witness that im not threatening her if she calls the police and would i still get in trouble even with a witness? also i think she wants to attempt to harass me through phone calls.....since i cant record them, can i have someone listening to our conversation if i have her on speaker phone?

Attorney Answers 3

Posted

I'm sorry that you're going through this. Yes, you can have witnesses. Yes, you can have her on speaker phone. Keep track of when she makes false calls, including the phone numbers so that you have it for your records.

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Posted

I would simply add to Ms. Jones comments that you it would be best to inform your former spouse that someone else is listening to the phone conversation.

If you found this response helpful, please let me know by clicking the "Mark as Helpful" button at the bottom of this response. Thank you. Mr. Richardson practices in San Mateo and Santa Clara Counties, and concentrates in non-adversarial dispute resolution as a mediator and collaborative lawyer. The California State Bar Board of Legal Specialization certifies Mr. Richardson as a specialist in California Family Law. He offers no comments or advice with respect to the laws of any state or jurisdiction other than California. The above answer is a general explanation of legal rights and procedures. Mr. Richardson is not your lawyer unless and until you and he have personally met together. This post does not constitute legal advice, and no lawyer client relationship results.

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3 comments

Asker

Posted

am i legally obligated to inform her of this? because if i wanna prove harassment then she wouldnt be harassing me if she knew

George Baker Richardson

George Baker Richardson

Posted

I would direct that question to a criminal law attorney. On the other hand, wouldn't this be a great way to make her stop harassing you? And, note Ms. Straus' response.

Asker

Posted

thanks i think i have your po int, thank you sir

Posted

You can record the calls if she knows about it: many cell phones have this capability. I would also jeep a log of all calls; date, time, and content.

You can also insist on email: text messages are a problem as you cannot get the content from your cell phone provider without a court order.

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George Baker Richardson

George Baker Richardson

Posted

You can always respond to a text with an email. Depending on your phone, you may be able to copy the contents of the text and put it in an email. I know that you can do this with an iPhone. There also may be applications out there that allow you to download text messages to your computer.

Edna Carroll Straus

Edna Carroll Straus

Posted

This assumes it is a smart phone: Nit everyone has one. I am not aware of any way to "download " text messages. Not every phone has "apps--ONLY Android and Iphones do. I still recommend NOT using text if you need to track content.

Asker

Posted

i know i can send text messages to my email so i covered there but the phone calls are a concern because shes made statements to me that lead me to believe shes willing to conjure up things to try to mess with me

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