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.
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.
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.
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.
Feel free to reach out to us https://www.familylawattorneymesaaz.net/ or at (480) 999-2321 to arrange for a consultation.
Jensen Family Law
3740 E Southern Ave Suite 210
Mesa AZ 85206
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Jensen Family Law in Mesa is located on 3740 E Southern Ave Suite 210, 85206, Mesa, Arizona. From Phoenix Sky Harbor International Airport (PHX) Take S 41st St to E Sky Harbor Blvd then Head west on E Sky Harbor Blvd and Use the left lane to take the exit toward S 41st St then Turn right onto S 41st St after that Continue straight to stay on S 41st St then Take AZ-202Loop E, AZ-101 Loop S and US-60 E to S Val Vista Dr in Mesa. Take exit 184 from US-60 E after that Merge onto E Sky Harbor Blvd then Use the left 2 lanes to merge onto AZ-202Loop E toward Tempe/Mesa and Use the right 3 lanes to take exit 9 to merge onto AZ-101 Loop S after that Use the right 2 lanes to take exit 55A-B to merge onto US-60 E toward Globe then Take exit 184 for Val Vista Dr then Continue on S Val Vista Dr to your destination and Turn left onto S Val Vista Dr then Turn right onto E Southern Ave then Turn left and Destination will be on the right.
We’re open 9AM – 5PM Monday – Friday and we are closed on Saturday and Sunday.
For additional questions you can call us at (480) 999-2321 ro you can find us on Yelp.