![]() The lawyer can send a subpoena to the cell phone service provider to obtain the relevant text messages for a specific time period. How to Obtain Text MessagesĪ lawyer can send a letter to the cell phone service carrier explaining the need to preserve text messages for a divorce or parentage case, citing the Federal Stored Communications Act. A finding of contempt can allow the opposing lawyer to ask for sanctions against a party that refuses to follow a court order. Failure to answer discovery may result in the finding of contempt against the spouse. This includes text messages (unless they were deleted). Formal discovery requires a party to disclose anything asked by the other party which is relevant and within the control of the party. The lawyer can then ask the court to order a husband or wife to disclose text messages via formal discovery. The lawyer can also send a subpoena for the relevant messages for a certain time period. This letter should refer to the Federal Stored Communications Act, 18 U.S.C. Text messages for the most part are presented to the court as screenshots.īut, a period of time of text messages from one person to another (and vice versa) can be provided by the cell phone service provider after serving a subpoena to the cell phone service provider who will then provide months of text messages (or call records) How To Get A Husband Or Wife’s Text MessagesĪ husband or wife’s text messages can be obtained in a few different ways:Ī lawyer can send a letter to the cell phone service carrier explaining the need to preserve text messages for a divorce or parentage case. Because there’s almost always a back and forth with text messages, the court can examine both the message and the context the message was sent within. Text messages are entered into evidence during a court proceeding to prove something was said by one party to another. No matter where text messages are saved they are a common piece of evidence in divorce and parentage cases. Are they saved? Are they reloaded from a server somewhere? How are Text Messages Used In Court? ![]() If you turn off your phone and restart it, the messages come back. They are a series of zeros and ones that are recorded somewhere. Text messages are like any other form of electronic communication. Text messages stay on your phone until you delete them…or do they? Text messages are almost always transmitted via smartphone. Text messages are electronic messages transmitted over SMS (short message service) or Internet connection. What Are Text Messages?Īt the time of this writing, 2019, everyone communicates via text message. Reach out to our experienced Naples family law attorneys today and let us guide you through this complex process. What will happen to my kids? What will happen to my retirement money? And, perhaps more immediately, can my husband or wife see my text messages?ĭon’t let these questions overwhelm you. A million questions swirl in the mind of the soon to be divorced.
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