Using texts in court

hterry85 · July 2012

BM is getting SUPER nice all of a sudden...just like she always does when she's pushed DH far enough to think about court. Unfortunately for her, she pushed him to actually get a lawyer for the school issue, so since we've started we're not stopping now, no matter how nice she wants to suddenly be.

Anyway. she needed to make some changes for the rest of the summer and is now offering DH things she's fighting having added to the CO (summer visits longer than 7 days for example) This was all by text, and we even clarified that she didn't look at the calander wrong, and that she realized she was giving us extra. She did, and she was ok with it.

Different states could be different on this, and we can ask the lawyer the next time we meet, but anyone familiar with the process of using texts in court?

dmndsr4eva · July 2012

I'm interested to hear the answer on this. Seems like the courts want something in print form. I was thinking I could somehow forward my texts to my email and print them.

cole2144 · July 2012

dmndsr4eva:
I'm interested to hear the answer on this. Seems like the courts want something in print form. I was thinking I could somehow forward my texts to my email and print them.

Im also interested in the answer here although BM is clever since she sends all her particularly nasty texts in pic message format and we can`t forward them. We do have plenty of texts where she threats DH and attacks him every chance she gets.

CFjo2010 · July 2012

If you can do a screen shot of the text showing the full text, who it's from and the date received, you can use them in Court (at least you can in CA). My husband's phone allows him to actually back-up his texts and print them in a list format, showing who sent the text, the date and time received, and the full text. His Judge has ruled that they hold the same weight as an email. The problem with "forwarding" texts to email is they become "modified". Meaning, you can alter them when you forward them, much like when you forward an email to someone. Double check with your attorney to make sure what the protocol is in your State as far as using texts as evidence.

dmndsr4eva · July 2012

jobalchak:
If you can do a screen shot of the text showing the full text, who it's from and the date received, you can use them in Court (at least you can in CA). My husband's phone allows him to actually back-up his texts and print them in a list format, showing who sent the text, the date and time received, and the full text. His Judge has ruled that they hold the same weight as an email. The problem with "forwarding" texts to email is they become "modified". Meaning, you can alter them when you forward them, much like when you forward an email to someone. Double check with your attorney to make sure what the protocol is in your State as far as using texts as evidence.

What kind of phone does your H have? Yeah even if the text comes from a phone apparently you might have to establish that the person in question was the one in possesion of the phone at the time.

CFjo2010 · July 2012

dmndsr4eva:

jobalchak:
If you can do a screen shot of the text showing the full text, who it's from and the date received, you can use them in Court (at least you can in CA). My husband's phone allows him to actually back-up his texts and print them in a list format, showing who sent the text, the date and time received, and the full text. His Judge has ruled that they hold the same weight as an email. The problem with "forwarding" texts to email is they become "modified". Meaning, you can alter them when you forward them, much like when you forward an email to someone. Double check with your attorney to make sure what the protocol is in your State as far as using texts as evidence.

What kind of phone does your H have? Yeah even if the text comes from a phone apparently you might have to establish that the person in question was the one in possesion of the phone at the time.

I have an iPhone, so I can do screen shots. My husband has the Droid Razr (the back-up was an app he downloaded).

As far as "establishing that the person was the one in possession of the phone", we've never once been asked to "prove" that BM sent the texts, and she's never tried to claim it wasn't her that sent them.

CFjo2010 · July 2012

cole2144:
dmndsr4eva:

I'm interested to hear the answer on this. Seems like the courts want something in print form. I was thinking I could somehow forward my texts to my email and print them.

Im also interested in the answer here although BM is clever since she sends all her particularly nasty texts in pic message format and we can`t forward them. We do have plenty of texts where she threats DH and attacks him every chance she gets.

Take a picture of the screen. We had to do this until my husband changed cellphones, and the Court accepted the photos.

cole2144 · July 2012

jobalchak:
cole2144:
dmndsr4eva:

I'm interested to hear the answer on this. Seems like the courts want something in print form. I was thinking I could somehow forward my texts to my email and print them.

Im also interested in the answer here although BM is clever since she sends all her particularly nasty texts in pic message format and we can`t forward them. We do have plenty of texts where she threats DH and attacks him every chance she gets.

Take a picture of the screen. We had to do this until my husband changed cellphones, and the Court accepted the photos.

Thank you!

jnjmommy0609 · July 2012

Here it is recommended to use texts as proof. I have every single text from my ex and I saved in a binder

dmndsr4eva · July 2012

jnjmommy0609:
Here it is recommended to use texts as proof. I have every single text from my ex and I saved in a binder

How do you print them?

hterry85 · July 2012

Can you do screen shots on an android? This is what DH has, but I'm not sure specifically what phone. (Also on a side note, how do you do screen shots on an iphone? BM doesnt text me, but this is what I have so I'm cusious!)

CFjo2010 · July 2012

hterry85:
Can you do screen shots on an android? This is what DH has, but I'm not sure specifically what phone. (Also on a side note, how do you do screen shots on an iphone? BM doesnt text me, but this is what I have so I'm cusious!)

On the iPhone you push the "off" button and home button at the same time. The screen will go white for a second, and then you can find the screen shot in your photos.

Different android phones can do screen shots, but I'm not sure which ones exactly. There are tons of apps available though to either back-up text messages and store them, do screen shots, etc.

Holly_1007 · July 2012

jobalchak:
hterry85:
Can you do screen shots on an android? This is what DH has, but I'm not sure specifically what phone. (Also on a side note, how do you do screen shots on an iphone? BM doesnt text me, but this is what I have so I'm cusious!)

On the iPhone you push the "off" button and home button at the same time. The screen will go white for a second, and then you can find the screen shot in your photos.

Different android phones can do screen shots, but I'm not sure which ones exactly. There are tons of apps available though to either back-up text messages and store them, do screen shots, etc.

any suggestions of good apps for android for backing up texts?

and OP, thanks for this thread! so helpful!!!

scoobyd266 · July 2012

We were able to use them here in NY. We saved everything on our PC and printed them out. We had to make sure the time and date were visable on everything. If you have an iphone you could probably do screen shots.

karatechrissy · July 2012

We screen shot all texts and save them electronically and print for our binder. We have used texts in court before. They have held a lot of ground and have gotten BM and her EXH in trouble. Not sure about your state but I'd def save them prin whatever. We have iPhones and it makes it easy to save that kind of stuff w screenshots.

CFjo2010 · July 2012

holly71087:
jobalchak:

hterry85:
Can you do screen shots on an android? This is what DH has, but I'm not sure specifically what phone. (Also on a side note, how do you do screen shots on an iphone? BM doesnt text me, but this is what I have so I'm cusious!)

On the iPhone you push the "off" button and home button at the same time. The screen will go white for a second, and then you can find the screen shot in your photos.

Different android phones can do screen shots, but I'm not sure which ones exactly. There are tons of apps available though to either back-up text messages and store them, do screen shots, etc.

any suggestions of good apps for android for backing up texts?

and OP, thanks for this thread! so helpful!!!

The one my husband uses is called SMS backup. I don't know if it's available on all android phones, but he uses it on his Droid Razr, and my BIL uses it on his Droid 2.

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