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  1. #1
    Join Date
    Feb 2009
    Posts
    13

    Default Wrongfully Accused and Served With a DVP

    Ok this is in regards to a case in WV.
    My boyfriend just got served with a DVP that is nothing but a lie.
    Background:
    One day his exwife followed me to work and almost rear-ended me. She is NOT allowed on this property per the manager and has been told so before. I called the cops, they advised me to get her license plate #. I went to the supervised visitation place where she was parked and got her license plate# and left. She of course, was yelling and cursing at me the whole time.
    She filed in the DVP that my boyfriend arrived and told her that he was going to get a gun and take care of her. However, when the exchange takes place, he has to walk the kids to the worker, and she walks the kids to the exwife. A document is in place and signed by the supervised visitation center stating what all occured. Of course, this is a whole lie from the exwife.
    She then stated that on one particular Saturday my boyfriend called her and blocked his phone # and told her he had a gun and was going to take care of her. Now, we have already pulled his phone records (because it is proven and on record where she calls him non-stop all day and leaves voice mails and also text messages him all day long and he doesn't respond or call her).
    Is there a way we can get the court to have her pull her phone records to PROVE where a blocked call came in on her phone? Is there a way for the phone company to find out what # that was that called her, even though it was blocked?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    73,187

    Default Re: Wrongfully Accused and Served With a DVP

    You can consider getting a lawyer to subpoena her phone records (if allowed), or ask the court clerk about whether you can subpoena the records yourself. A court clerk can't give legal advice, but should be able to provide the form, may be able to point you to the governing court rules (and whether you are entitled to use subpoenas) and may give some guidance on how to submit it to the judge once you complete it.

    The phone company has whatever records they have; I can't promise you what they will or will not have.

    Your boyfriend will of course want a witness from the center where exchanges occurred to testify that the alleged statement was not made at that time.

  3. #3
    Join Date
    Feb 2009
    Posts
    13

    Default Re: Wrongfully Accused and Served With a DVP

    Well, they approved the restraining order, and didn't even have her provide proof that she received a blocked call on that day, like she said she did. It's a sad world when you can just accuse someone of something and get away with it so easily.

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