Almost everyone in our modern world uses a phone or electronic device in order to communicate, meaning we are also leaving a digital footprint in our wake. Texting has become a very traditional method of communication in the workplace and in our family communications. With it come many questions when it comes to the law. Can text messages be used in court? How heavy do text messages weigh as evidence in a case? Are yours being used against you?
In the field of family law, we encounter clients daily who have text messages that are vitally important to the issues related to their divorce or child custody case. These texts can include illicit materials like sexual text messages or “sexts” that show evidence of an affair. Others may show proof that their spouse has been stalking or spying on them and others may even provide an admission of guilt regarding physical abuse. As The New York Times so aptly wrote: “texting a lover is the digital lipstick on your collar”. Famous politicians, public figures, and athletes have had their private messages shared with the public and press. (Remember what happened to Tiger Woods?) As a result, careers, families, and marriages have suffered. A text may have been intended to be private, but it can be used as a form of written communication in a legal case that shows to the entire world an affair and cheating.
A text can also expose terse messages about a couple’s children, visitations, and custody related matters. Taken out of context, a text may give the impression that a parent has an anger issue or does not care about the child or children. Given the nature of manipulation that can come from interpreting text messages, whether or not that text message can be used in court depends mostly on the nature of that text and how it was obtained. Your attorney will let you know which are admissible or not.
Using text messages in court
Often, we lawyers, receive screenshots of messages from our clients. Our clients want to provide us with evidence that helps their cases. These screenshots usually come in as a jpeg file; the management of those files presents a problem. To assist your legal team and the judge who will preside over your case, a more cohesive, easy to read document is welcomed and appreciated, such as PDF format.
There are some helpful apps that can take your screenshots and paste them together so that entire conversations can be viewed. This is so helpful and much easier to view than just screenshot after screenshot. Stitch It and Tailor are two popular apps that provide this service.
Then there are apps where you can download messages from a phone or iPad and download the communications to a computer, mac, or pc. Helpful apps include iMazing, Decipher Tools, and SMS Expert. Many of these apps will note the time and date, making the document easier to use as relevant evidence in court.
Law enforcement can utilize even more complex apps like EnCase and Forensic Toolkit to assist in investigations that can review communications, including phone calls, text messages, social media use, and combine with tracking logistics.
Technology advances might have contributed to the breakdown of your marriage or caused a rift between parents. However, realize that there are new tech emerging products that can assist with your case as you move towards a resolution in your divorce or family law matter.
