If a protection order is filed against you, are phone records subpoenaed?

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If a protection order is filed against you, are phone records subpoenaed?

Under what circumstances would they subpoena phone records? What do they find when they get your phone records and do they subpoena other things as well (ISP… etc)?

Asked on October 27, 2011 under Criminal Law, Colorado

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

In the event that a petition for a protective order has been filed where the petitioner is seeking to be left alone from the respondent in the action, there is always the possibility that telephone records could be subpoenaed to demonstrate that one party was calling the other on a certain date and time.

The rationale is that telephone records will demonstrate that a telephone call or calls were made through a certain telephone to a certain telephone number.

In essence, if there are records out there that can assist in proving the claims of the parties, they very well could be subject to a subpoena.


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