Restraining Order (Protective Order) is up for renewal


#1

So I had a protective order put on stbx last year. The order was violated and stbx was sentenced (though the term was suspended, the verdict is still there). There were also texts sent through our children directed towards me, as well as calls made to various state, federal, and local agencies and but business clients (which i lost work from). are these things that should be brought up to carry on the protective order for another year? Nothing has happened recently that has been documented but the fear is still there. I am representing myself so any thoughts or advise would be great.
Denny Crane


#2

Yes, you should bring any evidence of continued harrasment or behavior that places you in fear of imminent bodily harm. Bring the texts and evidence of the prior violations of the order.


#3

ok, i will have all of that…
there hasnt been much really bad since the fall, a couple of things here and there said to our kids via text, “i’ll be back in the house soon.” etc.
so, my follow up question has to do with subpoena’d phone records for a custody trial… would those be good for this trial or would we need to get them again? they were never admitted into evidence in the previous trial but they were obtained via subpoena.
Denny Crane


#4

You can testify to the phone calls and texts sent to you, as well. The extension of the domestic violence protective order won’t hinge on phone records if what your ex is really doing is texting you and violating the orders. I wouldn’t bother with the phone records.


#5

thanks for your response… My question though with regards to the phone records… they show that the stbx has called various government agencies and harrassed me through the system and filed false complaints… the stbx denies such actions. would the phone records that i have from a previous subpoena work in this trial when stbx is questioned?
Denny Crane


#6

The phone records from the previous subpoena would only deal with records from prior to entry of the last order. You would need to issue a new subpoena for calls made since that last order.


#7

the subpoena was for a custody trial back in january. the phone calls made that are shown on the subpoena did take place after the protective order was made official. I feel like I’m doing a poor job of explaining… sorry!!!
The phone records show phone calls made to various agencies and people, during the time of the restraining order. It is just that the subpoena’d records are for a trial back in january… would i need to get a new subpoena for this trial or since I already have the phone records, are these ok without a new subpoena? I don’t know if there will be enough time to get a new subpoena either.
Denny Crane


#8

If you already have the records you need and they are relevant, you do not require another subpoena to use them as evidence in court.

Hope this helps!