Can Text Messages Be Used in Court?

Text messages are increasingly being used as evidence in family courts in child custody, divorce, and other legal issues. Due to the growing use of messaging as a main mode of communication, it has become acceptable in these courts under specific circumstances. This implies that you should always exercise caution while texting your ex-spouse, spouse, or the child's other parent to avoid saying anything that may be used against you in court.
A text message sent in a moment of extreme emotion may be used to demonstrate to a divorce lawyer that you are not abiding by a custody or visitation order, that you have tormented the other partner, or that you have been unfaithful to your spouse. Additionally, it may disclose other relevant facts that may affect a family law or divorce matter. A sensitive text message may result in contempt of court, a restraining order, or some other unintended consequence.

Is Text Message Evidence Acceptable in Court?

One might claim that using text messages violates one's privacy. This has not, however, slowed the increasing usage of text messages as court evidence. Texts will probably be utilized as evidence if they can be shown to have a legitimate effect on a family law issue. Typically, text conversations between you and the other person are deemed acceptable. It must be shown in court that the mobile numbers used to receive or send the messages were yours or the other party's. This is usually very simple to do.

However, text messages sent to you by others may be excluded because they come within the category of "hearsay." Additionally, certain texts may be excluded. For instance, messages relating to adultery may be irrelevant in no-fault divorces in which marital misbehavior is not taken into account.
In certain instances, fraudulent text messages may be produced and utilized to fabricate evidence by others. That is why text messages need some kind of authentication. If you think you have been the victim of fraudulent messages sent through fraudulent social media, you should contact an attorney immediately.

Are Text Messages Subpoenaed as Evidence in a Divorce Case?

If you are the receiver of the text messages, you may print the whole thread and present it as proof; but, how can you obtain text message transcripts if they have been deleted or transferred to another receiver? Subpoenaing mobile phone records may be required in such situations.
However, since the information of text messages is typically retained by the mobile owner for just two to three days, it is critical to act promptly. Consult your divorce attorney instantly to learn how to demand phone records.

How to Print Text Messages for a Court Case?

After obtaining the text messages you wish to present as proof, you and your attorney must file and print out the necessary conversations for your case. Seek advice from your attorney for assistance in organizing the messages. These messages should at least have the date and time they were sent, as well as the contact details for the other partner in the conversation thread.
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