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are text messeges allowed as evidence ?

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  • are text messeges allowed as evidence ?

    Hi as per the norm , serving the ex with notice for not folowing thru with the court orders in place
    regarding visitation
    regarding school
    regarding medical info
    basically everything
    it if i email her something she answers via text messege \
    today i asked questions regarding my childrens school and recived a text saying fuck off ,
    so can i submit her outrages texts as evidence that she refuses to comply
    thanks

  • #2
    yes, that text message will be an example of her attitude towards you and her unwillingness to communicate with you, and more importantly, a very clear indication on the type of person she is.

    Comment


    • #3
      Judges routinely include text messages in their judgments.

      I am not familiar with the exact procedure for including them as evidence. I would be interested to find out though, my ex regularly sends me some doozies and should we ever end up back in court I want to make sure that I keep them in a "proper" way.

      Comment


      • #4
        Originally posted by nomad View Post
        Hi as per the norm , serving the ex with notice for not folowing thru with the court orders in place
        regarding visitation
        regarding school
        regarding medical info
        basically everything
        it if i email her something she answers via text messege \
        today i asked questions regarding my childrens school and recived a text saying fuck off ,
        so can i submit her outrages texts as evidence that she refuses to comply
        thanks
        You absolutely can I think. I'm doing the same thing now. I just attach as exhibits to my affidavits.

        Comment


        • #5
          So you just state "these are the text messages I received on this date and this time"? Provide screen shots?

          I am just thinking about the case where the other party says "I never sent those texts, stop lying"

          Comment


          • #6
            Originally posted by Janus View Post
            So you just state "these are the text messages I received on this date and this time"? Provide screen shots?

            I am just thinking about the case where the other party says "I never sent those texts, stop lying"
            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.

            Comment


            • #7
              Originally posted by nomad View Post
              Hi as per the norm , serving the ex with notice for not folowing thru with the court orders in place
              regarding visitation
              regarding school
              regarding medical info
              basically everything
              it if i email her something she answers via text messege \
              today i asked questions regarding my childrens school and recived a text saying fuck off ,
              so can i submit her outrages texts as evidence that she refuses to comply
              thanks
              Believe it or not, she can say it to you. She has right not to communicate with you. You have to find different ways to care for children without communicating DIRECTLY to her.

              Comment


              • #8
                Originally posted by Janus View Post
                So you just state "these are the text messages I received on this date and this time"? Provide screen shots?

                I am just thinking about the case where the other party says "I never sent those texts, stop lying"


                I wouldn't delete them from your phone either. To make it easy you provide screenshots but in the event a judge wants to see your phone you better have those texts on there.


                Sent from my iPhone using Tapatalk

                Comment


                • #9
                  Originally posted by Berner_Faith View Post
                  I wouldn't delete them from your phone either. To make it easy you provide screenshots but in the event a judge wants to see your phone you better have those texts on there.


                  Sent from my iPhone using Tapatalk
                  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

                  Comment


                  • #10
                    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
                    I don't agree, if someone is claiming they are terrified by their ex and thats why it can't be joint, these types of text messages prove the opposite. that the person is not terrified and actually are the ones causing the conflict.

                    Remember always be teflon "nothing sticks" and everything you do and say is done as if your trial judge is standing behind you at all times.

                    Comment


                    • #11
                      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.

                      Comment


                      • #12
                        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.

                        Comment


                        • #13
                          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


                          Sent from my iPhone using Tapatalk

                          Comment


                          • #14
                            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.


                            Sent from my iPhone using Tapatalk

                            Comment


                            • #15
                              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


                              Sent from my iPhone using Tapatalk
                              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.

                              Comment

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