Legal Question in Criminal Law in Colorado

Cell Phone crime?

My former boyfriend and I have a child together so I ordered a phone in my name paid the bill for it every month but he was the one using it. This phone was for us to talk and comunicate about our child. When I found out he was drinking, doing drugs, and seeing another women, I asked for him to put the phone in his name. After a while he would still not put my phone into his name but continued to use it. I ordered a new phone and disconceted his then asked people to stop calling for him and for durgs. I wanted to change the # but I could not do that over the weekend because they were closed. People kept calling the phone for drugs and to find him after I asked them to stop. As a result I changed the voice mail on the phone to say... Do to drinking, durg use, and seeping with other people he no longer had use of this phone and to call him else where. After this the calls did stop. Was I with in legal bounds?


Asked on 11/04/07, 11:20 pm

1 Answer from Attorneys
Philip Rosmarin Rosmarin Law Firm

Re: Cell Phone crime?

You were certainly within your rights to cancel the phone service -- it was your phone service. When you changed the voice mail message to say he is dealing drugs, you opened yourself to a slander charge, though truth is a defense to slander, and if he is really dealing drugs, he is unlikely to bring such a lawsuit, unless he's also really doing the drugs and his mind is a fried egg. The upside of that is fried eggs generally do not do well in court.

Unless you already have sole custody of your child, you should at least consider a petition to the court to get sole custody, and insist that any visits with your child be supervised.

Good luck.

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Answered on 11/05/07, 1:14 pm


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