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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #11 (permalink)  
Old 09-20-2017, 11:42 PM
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Originally Posted by plainNamedDad44 View Post
The same argument can be applied to the authenticity of any evidence, i.e. "I never sent those... emails, letters, faxes, etc".

Push comes to shove, one could prove their authenticity and then seek costs I think and completely destroy denying parties claims.

Anyone denying real evidence in my opinion is committing legal suicide.
If you belong to Rogers, they have a feature that none of the service providers have. A feature which actually emails you every text message to your email. This feature is not built into the phone (some phones have it) its done at the server level, and actually is emailed before your phone receives the text.
The emails come in from Rogers extreme text messaging. As such the email is from a 3rd party and not you. They are taken as turthful.

Each 142 letters (what ever the limit on text messaging is) is sent as a separate email. If she sends you a novel you'll receive a email for every 142 characters.
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  #12 (permalink)  
Old 09-21-2017, 11:10 AM
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Conflict is good for your ex, but not for you. Try to avoid it. Again, personal relationship is your business, no one cares about so called "proof". She needs a conflict to proof "we are not getting along" and she is getting it. Don't feed her. Don't communicate directly to her. Legally she has right not to speak or see you again.
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Old 09-21-2017, 11:46 AM
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Originally Posted by foreverhome View Post
Judges don't care about "she said, he said" and personal relationship. She said rude stuff, so what? Dont' want to get rude text? Don't text


That can also be said about emails... written communication is the best form to provide as evidence and this includes text messages. It's not a he said she said when it's in black and white


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  #14 (permalink)  
Old 09-21-2017, 11:48 AM
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Originally Posted by involveddad75 View Post
If you belong to Rogers, they have a feature that none of the service providers have. A feature which actually emails you every text message to your email. This feature is not built into the phone (some phones have it) its done at the server level, and actually is emailed before your phone receives the text.

The emails come in from Rogers extreme text messaging. As such the email is from a 3rd party and not you. They are taken as turthful.



Each 142 letters (what ever the limit on text messaging is) is sent as a separate email. If she sends you a novel you'll receive a email for every 142 characters.


Just a note... this doesn't work for IMessages on iPhones... if you receive text messages on an iPhone it will work but if both sides use iMessage the emails won't be forwarded.


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Old 09-29-2017, 03:11 PM
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Originally Posted by Berner_Faith View Post
That can also be said about emails... written communication is the best form to provide as evidence and this includes text messages. It's not a he said she said when it's in black and white


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Evidence are are admissible, but need to be authenticated before the court can admit them.
Screenshot is not be enough. What if you made up those "texts". Cell phones are not always used only by the owner. Lawyer of your ex may fight for such "evidence". You may need a court order to retrieve texts from cell company.
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Old 09-29-2017, 03:18 PM
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Use text backup apps to regularly backup your text messages, preferably to your private Google drive account. if there is question of them sending you text messages then you motion their or your own cellphone provider to confirm who sent the text and when. I believe cell providers are mandated to hold this data for 7 years

you guys not getting along is one thing, her intentionally being difficult with you and withholding her cooperation in hopea of getting sole custosy (provoking and engineering conflict poking you like a voodoo doll) is another.

conflict from time to time won't preclude joint custody. normal families have conflict and are not conflict free and it would make no sense to apply a standard of perfection on separated families. just don't fight and argue all the time. polity request litigate information and requests and simply ignore and document her state of mind.

men/fathers are a lot smarter than you like to think.

Last edited by trinton; 09-29-2017 at 03:25 PM.
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Old 09-30-2017, 12:59 AM
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Originally Posted by trinton View Post
Use text backup apps to regularly backup your text messages, preferably to your private Google drive account. if there is question of them sending you text messages then you motion their or your own cellphone provider to confirm who sent the text and when. I believe cell providers are mandated to hold this data for 7 years

you guys not getting along is one thing, her intentionally being difficult with you and withholding her cooperation in hopea of getting sole custosy (provoking and engineering conflict poking you like a voodoo doll) is another.

conflict from time to time won't preclude joint custody. normal families have conflict and are not conflict free and it would make no sense to apply a standard of perfection on separated families. just don't fight and argue all the time. polity request litigate information and requests and simply ignore and document her state of mind.

men/fathers are a lot smarter than you like to think.
Cell phone company will not provide you with private information about their client without court order. A good lawyer can proof that those methods are not court-admissible without proof of authentication. Did you ever wondered why demerit points are not issued with violations detected by the red light camera system? No proof of authentication of a driver. Try to proof that it is indeed "foreverhome" wrote this message and not my friend or neighbour or bot from china. You will need to get a court order in order to get information form my ISP. But hey, you may be lucky and your opponent may admitt to her "crime" and say "yes, it was me who wrote those nasty messages" and it is up to the judge to consider so called evidence. But if she says "I never sent this messages", than you have a problem.
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  #18 (permalink)  
Old 10-02-2017, 12:40 AM
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Quote:
Originally Posted by foreverhome View Post
Cell phone company will not provide you with private information about their client without court order. A good lawyer can proof that those methods are not court-admissible without proof of authentication. Did you ever wondered why demerit points are not issued with violations detected by the red light camera system? No proof of authentication of a driver. Try to proof that it is indeed "foreverhome" wrote this message and not my friend or neighbour or bot from china. You will need to get a court order in order to get information form my ISP. But hey, you may be lucky and your opponent may admitt to her "crime" and say "yes, it was me who wrote those nasty messages" and it is up to the judge to consider so called evidence. But if she says "I never sent this messages", than you have a problem.
I've got cell records. Piece of cake once your file is sealed.

If it came from her cell then judge would be unlikely to believe someone else sent it. Either way, her her friend or her dog, someone from her side, likely of similar personality and charactet sent that to you. She may be able to lie on affidavit through her lawyer but I highly doubt she'll be able to lie on the stand. At the end of the day, it came from her cell number and her cell can be passwored for security and kept from people she can't trust, or people who hate you just that much. What matters is that it came from her cellphone when you tried to communicate on an important issue concering the child. Did they apologize and say it was a friend and continue conversation or just leave it at fuck you? Have confidence my friend.

Last edited by trinton; 10-02-2017 at 12:43 AM.
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  #19 (permalink)  
Old 10-03-2017, 12:09 PM
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Originally Posted by trinton View Post
I've got cell records. Piece of cake once your file is sealed.

If it came from her cell then judge would be unlikely to believe someone else sent it. Either way, her her friend or her dog, someone from her side, likely of similar personality and charactet sent that to you. She may be able to lie on affidavit through her lawyer but I highly doubt she'll be able to lie on the stand. At the end of the day, it came from her cell number and her cell can be passwored for security and kept from people she can't trust, or people who hate you just that much. What matters is that it came from her cellphone when you tried to communicate on an important issue concering the child. Did they apologize and say it was a friend and continue conversation or just leave it at fuck you? Have confidence my friend.
Your cell records can be only used only for protection of yourself. For example, someone accused you that you threatened to hurt them and you may get a criminal charge. Than you can bring up record "see, I didn't threatened her". Your claim "it came from her cell number " have to be proven, authentication has to come from the cell company, you'll need to obtain a court order to get private information about the other party from cell company.
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  #20 (permalink)  
Old 10-03-2017, 01:42 PM
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Originally Posted by foreverhome View Post
Your cell records can be only used only for protection of yourself. For example, someone accused you that you threatened to hurt them and you may get a criminal charge. Than you can bring up record "see, I didn't threatened her". Your claim "it came from her cell number " have to be proven, authentication has to come from the cell company, you'll need to obtain a court order to get private information about the other party from cell company.


I disagree with this. My cousin was successful in using text messages in her trial... she kept them on her phone. It's not that hard. Judge asks ex what his cell phone was, confirmed that text on my cousins phone came from that number and she was able to prove part of her case with the text messages. Maybe it depends on the judge but text messages certainly helped in her case to prove what her ex was stating was a great big lie


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