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are text messeges allowed as evidence ?

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  • #16
    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, 02:25 PM.

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    • #17
      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
        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; 10-01-2017, 11:43 PM.

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        • #19
          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
            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


            Sent from my iPhone using Tapatalk

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            • #21
              I have on occasion, included said text conversations back into an email reply to keep the conversation together, if I thought it was warranted. (even if I had to manually transcribe them).

              I just figured they would have more creedence, in an actual email, especially if the other parent responds to that email. Then they can't claim they never saw them.

              They have actually been of use in my current court proceedings.

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              • #22
                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.
                Again, I have WON a motion for cell records from cellphone company. The COURTS ordered HER cellphone company to release their records, including text messages. Yes, you have to get a court order for either her cellphone company (or your own) to release that information. It will show the text, timestamp when it was sent, and from which number it was sent. If she sent you a text message from the number she uses to communicate with you, then just stick that on affidavit. Your lawyer would love to see her try to deny it. I highly doubt your ex would sacrifice her credibility like that.
                Last edited by trinton; 10-04-2017, 10:24 PM.

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                • #23
                  Does anyone know anything about use of photographs in court proceedings? How are they entered - simply scanned onto an affidavit or submitted as their own exhibit?

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                  • #24
                    Originally posted by arabian View Post
                    Does anyone know anything about use of photographs in court proceedings? How are they entered - simply scanned onto an affidavit or submitted as their own exhibit?
                    Done that too. Scan and print in color. Number the pictures and attach as exhibit and reference in affidavit accordingly. I forget exact wording but something along lines, Photo 1 in Exhibit 'A" true copy of...

                    maximum of 5 - 10 of your best pictures. Not a 400 page album.
                    Last edited by trinton; 10-04-2017, 10:52 PM.

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                    • #25
                      Thanks for that. So when you have to make the copies for the court and serving the other person, it would make sense that all copies are identical. Correct?

                      What about dates of photographs? If a photograph were emailed to someone I guess the email that it came in should be part of the exhibit?

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                      • #26
                        Originally posted by arabian View Post
                        Thanks for that. So when you have to make the copies for the court and serving the other person, it would make sense that all copies are identical. Correct?

                        What about dates of photographs? If a photograph were emailed to someone I guess the email that it came in should be part of the exhibit?
                        Correct. What you do is write up your affidavit and exhibits, finalize it, then print it 3 times, or print it once and then photocopy everything, so everything is identical.

                        I am not sure about dates. I would use datestamp software to have the dates right on the picture. I know some cameras have this option. If you have digital copy, There are apps that take the date from the file and add it to the picture.

                        As per email attached pics, I would think you reference the email and it's attachement followed by it. I know Gmail will show you the email and a thumbnail of the attached image. A larger copy could be attached in the same Exhibit.

                        My lawyer likes to group relevant things all in the same exhibit. So I would assume the email and it's attached photo would be in the same exhibit. I know Jian Ghomeshi's lawyer had to do something like that with the email with the bikini picture attachment.

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                        • #27
                          Thanks. One final question. I don't use facebook except to say hello to a friend in OZ once in a while. I find the concept of social media repugnant but then that is my age I suppose...

                          If there are some valuable things on facebook (for example) how does one present that in their affidavit? Just print it out and attach as it's own affidavit? I'm really quite perplexed by the whole thing. When one goes on to facebook you can see clearly the date that the post was made. Do you do a screen shot or something? I'm sure courts are quite used to seeing facebook posts as evidence. Hmmm I will have to check out Rules of Court I suppose. With the digital age things are really quite complicated nowadays. I'm a dinosaur... what can I say?

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                          • #28
                            Originally posted by arabian View Post
                            Thanks. One final question. I don't use facebook except to say hello to a friend in OZ once in a while. I find the concept of social media repugnant but then that is my age I suppose...

                            If there are some valuable things on facebook (for example) how does one present that in their affidavit? Just print it out and attach as it's own affidavit? I'm really quite perplexed by the whole thing. When one goes on to facebook you can see clearly the date that the post was made. Do you do a screen shot or something? I'm sure courts are quite used to seeing facebook posts as evidence. Hmmm I will have to check out Rules of Court I suppose. With the digital age things are really quite complicated nowadays. I'm a dinosaur... what can I say?
                            I've put up website postings of former spouse on exhibits too. Screenshot it on your pc or cellphone, and attach same way you would with a photo. I would not crop the screenshots. capture the entire browser window, or your desktop in order to note time when screenshot was taken (bottom right of your deaktop). I assume the Facebook posting date is what they look for.

                            Be sure to save the web pages too for future reference if they delete.. search Google how to do that. If you have a mutual friend and they have email alerts of their posts.. even better. I've thought about a fake Facebook to creep on them but you don't want to come off as a stalker.

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