San Jose, CA asked in Sexual Harassment for California

Q: Can I get a valid subpoena without law enforcement?

I get text harassments of personal nature from someone. Reporting to the police didn’t help since they document it and not doing anything. I can trace the number to a company that owns it and provides the app allowing their users to text. But the company requires a valid legal order in order for then to reveal info about the subscriber.

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2 Lawyer Answers

A: You can only subpoena when there is a lawsuit, and even then there are additional barriers for a non-lawyer (you have to get the form approved by the court clerk).

Generally, sexual harassment is actionable from an employer, landlord, or someone else where it is difficult or impossible to leave or ignore. If it's a romantic partner or neighbor, a restraining order is possible.

A: You can file a lawsuit against Doe Defendants for intentional infliction of emotional stress, then issue a subpoena to the company which owns the number to get the identity of the person.

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