I'm being accused of making phone calls to someone's home. What should I do?

Question

Hello and thanks to all who answer. I've recently been accused of making phone calls to someone's home and they are false accusations that I received in a restraining order. First how can this person even prove that it was me? Second, wouldn't supplying my phone records be proof? This person is vindictive and will do anything to cause harm. They've made past threats that they'd be after me all the days of my life. Aside from other threats and problems with my computer, I feel like I'm being framed or better yet, lynched. I need some answers fast, as I've got to be in court in less then 2 wks. to fight these false charges.

Answer 1

They have to prove you made the calls. If they get a restraining order, good for them, stay away and get one against them too. Your phone records may help, but you can call from any place. Sounds like a long term feud that both you and your accuser are enjoying.

Answer 2

If the calls were, indeed, made from your line, then the phone company can put a trace and track the calls made. So:

--Get your phone records and see what they show. You specifically need to see about the outgoing calls. Talk to the phone co. if local calls are not normally detailed/listed on your bill.

--Could anyone else have had access to your phone? Cell or land line? If so, who? And, might they have a reason to make such calls?

--If you are accused of using a pay phone, ask where these phones are located? Are they on the other side of town while you were at work and couldn't possibly have had time to get there and back? Did you not at all clock out that day? Ask for proof that it was you making the call from those pay phones or other evidence that connects you to those pay phones.

--Were you clearly not at home during the days/times it's claimed these calls happened?

--Ask to see that person's proof that the calls came from you or your phone line.

--Has anyone else witnessed the threats from this other person? If so, have them in court as a witness. Or, have them write a statement and get it notarized to present in court. Are there threatening e-mails from this person? Then ya' know what you gotta' do.

If you can prove that you've been harrassed, and not the other way around, then immediately file and/or ask the judge for a restraining order against THEM and to vacate the order against YOU. You don't want that on your record.

If you know (or even suspect) that they have threatened other people and filed orders against them, then bring that up in court along with that person as a witness (or, again a notarized statement). Same with anyone present and hearing this person being vindictive or threatening.

Check the laws in your state about tape recording their threats over the phone to you. In many, it's illegal to tape a phone conversation if the other person doesn't know AND agree to the taping. And, certainly, the tape would not be accepted as evidence on your behalf in court.

However, if they left the threatening or vindictive messages on an answering machine, they're toast bc that WOULD be admissable. (Same with voice mails left.) Otherwise, tape the hell out of any such conversations.

An alternative, but harder to arrange: Have someone on an extension listening in on any
threatening calls THEY make to you. That listening person can testify and the person who is suing you can be punished for violating their own restraining order which, again, makes them realllllly toasty standing before the judge.

Definitely do some homework in the Small Claims court and the Civil Court for any other suits this person has filed that might be relevant to your case/situation.

You may be able to show a pattern and further prove they're out of control and that YOU'RE the one needing a restraining order.

It's a difficult situation to be in. Just do your best not to panic--I know easier said than done, but so very true.

Good luck.

Answer 3

Get a lawyer. Your phone records can be used against you in a court of law. The person accusing may have had the phone company tracking where phone calls are coming from. They can do that if they have served you with a restraining order. They can be taping the phone calls as well. The phone company even can get involved this is a felony in some states. I used the phone records in my divorce , the phone company and the cell phone company had to give me her records as well as my ex husband records. I had to have them supena to do this but it proved he was calling her. Which they lied and said they had not. He was using another persons phone at different times. Good luck hope you did not make any calls from your house or someone else cell phone.

Answer 4

Yes run to your local phone company and get phone records for proof that way they look stupid when you go to court however IF you left any phone messages on a recorder at their home, you be be charged with harrasment (NO biggy) a small fine.. also Judges hate bull crap cases so if they are lying they will be in trouble so get to your phone company quick ok Good luck( YOu won't need a lawyer to get copies as all you need to do is show the phone company that you have been served it is YOUR records not theirs)

Answer 5

Yes, your phone records will prove that no phone calls were made from your home or cell phone to that number but it will not prove that it wasn't done from somewhere else and by whom.

I would recommend that you get a tape recorder and any conversation that is initiated by these people let them know that you are recording the conversation, have the phone on speaker and get the whole thing including you saying you are going to record it. If they have nothing to hide then they won't mind being taped.

Your attorney should request their phone records as well to show just who is calling whom. If they are harassing you then that will show in multiple calls to your number.

Answer 6

You need a lawyer's advice above all. The person could say that you were calling them from a pay phone, for example, and bypass all the proof you bring. A lawyer will tell you what your vulnerabiltiy is. But basically, he would try to give you some protection in this situation where you are being harassed. Good luck!

Answer 7

If they are truly false, then someone wants to get even with you. They will have to have some proof that the calls were made from your phone by you. Get copies of your phone records that hopefully show no calls made to the other number.

Answer 8

Cal the phone company and get a list of all of your incoming and outcoming calls. March yourself into court and show this to the judge. Let the judge handle them for wasting the court's time making false accusations against you.

Answer 9

I've kinda had this problem but it was my hubby's Ex-Wife who keeps calling me i know its her its her voice i haven't taken any actions for the reason of no proof. I'm sorry that they are doing this if they have no proof I would only consider doing something if they threatened my life and so on but this is wrong sorry to hear that. get your friends records of bf's records show them that its not you by giving all the evidence that you can it will be dismissed good luck!

Answer 10

Get the phone records but do it now it takes time and you really HAVE to have them when you walk into court. Good luck.....