I’m wondering how far back they go? Is this stuff kept on microfiche or anything like that? Would I go to the police department when it was the town’s police, or would I go to the courthouse or the Public Safety Building dowtown. In one incident, he was arrested.
Is it possible to get copies of police reports when no one was arrested? And what about when charges were filed, later dismissed?
You can call the police to get copies of all the reports on record. I don’t know how any one police department keeps their records.
In order to introduce a police report the officer who took the report must be subpoenaed to testify.
Really? YOu can’t just show the report, just to show that, yes, one more time, the police were called?
You can show the report to prove the police were called, but nothing in the report can be introduced as evidence without the officer present.
D
This forum is intended to answer general legal questions. I cannot advise you in detail on how to prepare your case for trial, that is something that a lawyer can only do in a traditional lawyer client relationship.
I will however say, that you need to focus more on what you can do to provide an environment for your child that serves her best interests. You may point out your ex’s shortcomings, but that should not be the main focus.
Hello. I have a question about getting copies of police reports also. My ex has requested alimony from me, but my understanding is that if there is history of domestic abuse (which there is), he may not be entitled to it.
I went to the police station and requested a copy of the police report. The officer gave me page 1, but said I need to give that to the court to obtain the remaining pages. My questions are, is there a specific form I need to complete/file to have the court request the rest of the report? Or do I have to have the responding officer subpoenaed to physically testify? Would the officer need to attend our already scheduled divorce hearing or the hearing that is specifically for alimony?
You can issue a subpoena to the law enforcement agency requesting all reports and records involving your ex’s name.
If you want to introduce the records in a trial, you would need the officer who made the record to testify. To get the officer to court, you will need to issue a subpoena for his or her appearance in court.
You will not need this documentation and evidence for your absolute divorce hearing assuming no other issues are calendared for that day. This would come into play for the alimony court date.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Thank you for that response. That’s helpful. Would my request for all reports/records involving his name be to “produce and permit inspection and copying of the following items, at the place, date and time indicated below.”? I now have information that he may have had a previous protective order from a prior relationship. Does that mean the documents would be submitted to the court directly and I would not have an opportunity to review them prior to the trial? Or is there a way for me to view them prior to them prior to the hearing?
Would the same apply to obtain a full report of a DSS/CPC investigation? And to request records/notes from our marital counseling and/or subpoena the counselor(s)?
I am trying to establish a history/pattern of behavior. All of these will demonstrate the history of emotional/mental/financial abuse which, I believe, is relevant to supporting I didn’t abandon the marital residence (I fled an abusive/unsafe situation).
To have records produced through a subpoena, it is correct that you would check the box that you want person/entity being subpoena’d to “produce and permit inspection…” specific records. At the bottom of the subpoena there is a box where you can fill in with your address and contact information so that the records are produced to you.
With DSS records, you will need a court order to obtain them since they contain sensitive information related to a minor child.
You can subpoena mental health records in the same way however, for confidentiality reasons, the mental health professional may need the written authorization of both spouses before releasing the records, or a court order.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Thank you. Again, that is helpful.