Can I share all or part of subpoenaed phone records with a third-party?
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Can I share all or part of subpoenaed phone records with a third-party?
My ex-wife was harassing me by telephone for a year; I kept requesting that she stop. She called my work number over 600 times in a year. Finally I was forced to file a police report to make her stop. Soon I am going to receive phone records I subpoenaed under the divorce case because she is denying harassment and accusing me of slander. Her boyfriend called me to find out what all the fighting was about, and when I told him, he didn’t believe me. Would it be legal for me to give him a copy of the phone records, or perhaps just a summary of all the calls she made just to me and my family?
Asked on October 18, 2010 under Family Law, Illinois
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Showing your ex-wife's boyfriend the records that you have subpoenaed is not illegal per se, but will open up a whole host of problems for you, justnot necessarily ones that will give rise to a legal action that can be won against you. Defamation (slander as your wife is calling it) is what you will be accused of but truth is always a defense to the action. It is doubtful that there are loss of affection kind of claims that are on the books in Illinois that you will be accused of once their relationship disintegrates, and it will disintegrate. I would just keep it inside the courtroom and let the chips fall where they may. H will find out soon enough on his own. Good luck.
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