Text messages


#1

FYI This came from a my cell phone provider I will mention the not name Nor am I a lawyer. This is pretty interesting if the court would support it depends on the lawyers work and the full complaint against an individual.

Protection of ####### #### and Others:
We release personal information when we believe release is appropriate to comply with the law or in good faith reliance on legal process (e.g., court orders, subpoenas, E911 information, etc.); enforce or apply our customer agreements; initiate, render, bill, and collect for services; protect our rights or property, or protect users of those services and other carriers from fraudulent, abusive, or unlawful use of, or subscription to, such services; facilitate or verify the appropriate calculation of taxes, fees, or other obligations due to a local, state, or federal government; or if we reasonably believe that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of communications, or justifies disclosure of records, to a governmental entity without delay.

Further down in this you can even request the GPS location of the phone during time periods. Some phones track even when they are turned off when your spouse is supposed to be at work and at the others house or a bar should be pretty credible information especially with pictures of the two individuals togather regualy over a period of time, in variouse locations at odd hours.

  1. A record of incoming and outgoing calls and TXT messages is kept and should be valuable especially in Alienation of Effection, Adultry and or Divorce.

  2. Excessive amounts at all times of the day and night with and pictures to support an A/E claim could be very incriminating I beleive in NC this can lead to big money.

  3. These record should support a claim for A/E against the lover confidiant and or whomever and possibly criminal conversation if there was intercourse and evidence to prove it.

  4. I beleive the actions of another if continued especially after confronting an individual and the unfaithful spouse ends the marriage and the interferance and or influence of another creates the situation for the marriage to end has certian requirements but a lawyer could advise you more on that.

  5. Actions after the date of seperation I beleive can also be taken into account to further support the A/E claim, such as co habitation while spouse is still legally married and or a relationship is ongoing.

  6. I beleive the hurt party has 3 years to file a claim.

  7. It sounds like you may be worried about something and should leave a married couple to resolve thier issues within a reasonable manner, and not influence and or interfear with a marriage. Maybe too late for that, but I would be very careful while the unfaithful party may want to start participating in the marriage with counseling, if the other party is willing to forgive and or seek legal seperation and divorce within the law.

These situations with A/E and Adultry destroys families and peoples lifes most importantly the children of a marriage. I am not sure what has happend to the marriage vows. Until death do us part we shall love respect and cherish eachother through sickness and health before the Father the Son and the Holy Ghost… It seems like all of that is forgotten after the first night anymore.


#2

First off, “betternowthanlater” you really need to either learn to spell or use a spell checker. “Effection”?? SepEration"?? “confidiant”?? “interfear”??

Second, you have a right to believe in whatever mythical creature in the sky you wish, but keep your blather about “the Father the Son and the Holy Ghost” and other religious crapola off the board. It is obnoxious, judgmental and completely irrelevant to a discussion of the legal issues in NC divorce.

Third, no one can “steal” another human being. The entire concept of Alienation of Affection is based on the antiquated and sexist notion that a woman is the legal property of the husband, no different than a sofa or a garden tractor. And that anyone who “steals” such property should be sued. Almost every other state in the country has abolished AoA, and it’s predicted that NC will abolish it also in the near future.


#3

Dear jdmsbs:

Greetings. Yes, generally if they are part of your phone record they can be subpoenaed.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

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 but a full discussion with an attorney should be undertaken before taking any action.


#4

Ms. Fritts answered your question and I’d like to add. Sprint and Nextel have joined and sprint makes it very easy to get phone records without using the court, IF the phone is YOURS.

Call customer care and they will give you the number to Customer security, they will fax or mail you a copy of a release form that you must sign and send a copy of your DL, you then request the dates that you want your phone records for and low and behold for a meer $20 you have all the calls made to your phone AND even those BLOCKED by *67 or a private call block from the telephone company!


#5

Can text messages be supoenaed? Alltel + Nextel specifically…