If you are in danger and do not feel comfortable near your ex-spouse, you
may need to gather evidence to prove that you are in harm's way and
to convince the court to issue a restraining order. Recently in Portland,
Maine, a Supreme Court justice says that a cell phone company was required
to turn over more than 50,000 text messages in a divorce case to prove
that a protection order was legitimate. One justice says that U.S. Cellular
violated federal privacy laws by turning over the text messages.
The lawyer advocating for the husband in this case says that he used subpoenas
to get texts between his wife and another man. This attorney as suspended
from the case for six months because the courts declared that the subpoenas
violated the woman's privacy rights. A spokeswoman from U.S. Cellular
Corporation is currently looking into the matter. The judge ordered the
Maine Board of Overseers of the Bar to alert the state and federal prosecutors
about U.S. Cellular's practice, and claims that the company violated
the federal Stored Communications Act.
If this is true, it has a massive implication on other cases where a spouse
may want to obtain cell phone records to prove danger and secure a restraining
order against a spouse. If you want to learn more about this situation,
talk with your own Los Angeles divorce attorney today. There are some
constitutional and trustworthy ways to obtain evidence that prove abuse,
but this does not happen to be one of them.
You will want to consult with your attorney about this best ways to collect
information without violating privacy. You may be able to share e-mails
with the court if they are not private and were in your inbox. Also, Facebook
statuses or Tweets that indicate danger or potential violence may be used
as evidence to obtain a restraining order. Talk with a Los Angeles divorce
lawyer at Claery & Green today to learn more!