Legal Question in Family Law in California
I have a sister who is harassing me through text messages. I would like to Soupina my phone text messages to get a restraining order and have them on hand if I need them in a court of law.
2 Answers from Attorneys
You do not have to subpoena your own text messages. You just have to present them as evidence.
I agree with Mr. Kane. First of all, you cannot get a subpoena issued unless there is already an action pending in court. Second, if you represent yourself, you would have to get the court to issue the subpoena. Third, restraining order hearings are set on short notice, and would probably not allow you sufficient time to prepare and properly issue a subpoena.
It would be easier for you to print out the messages and properly authenticate them yourselves, whether that is by way of declaration attached to your restraining order petition, or appearing at the court hearing and introducing them as exhibits.