What You Need to Know About Using Text Messages in California Divorce Court
Texting is one of the most common and convenient mediums of communication between many people, including spouses. Here’s what you need to know about how text messages can be used in California Divorce Court.
An increased amount of divorce cases have been using text messages as evidence to be considered in court. Generally, text messages are considered evidence and can be considered in a court hearing if it fits a hearsay exception and is authenticated.
What is Considered Evidence in California Divorce Court?
The California courts consider two types of evidence: people and things. People can serve as evidence in the form of witness testimony, and can provide information on the case.
The California courts consider things as forms of evidence as well, including photographs, records (police, medical, bills, school, etc.) and other documents, including texts.
Getting Authentication of Text Messages
For a text message to be used as evidence in California Divorce Court, it must be authenticated, meaning that the other party must admit to sending the message, a witness must testify that they have seen the message being created or reply authentication must be demonstrated. Reply authentication is demonstrated when a reply message is clearly sent in response to the original message.
The California Evidence Code also dictates ways in which electronic communications can be authenticated, such as if the message references something only the other party would know about or understand.
Authentication is important and necessary in the process of utilizing text messages in California Divorce Court because it verifies that the messages are legitimate evidence and not hearsay.
Related: Divorce and Family Law Courthouses in Los Angeles
Can a Divorce Lawyer Subpoena Text Messages in California?
A subpoena refers to one requiring the presentation of certain evidence to a court of law. A divorce lawyer can subpoena text messages in California.
However, it is important to consider that it is rare for cell phone companies to retain the content of text messages for long periods of time. Most companies keep logs of the dates and times at which messages were sent, but the content is kept for a short period of time, if it is kept at all.
It is recommended for those who wish to present text messages in court to download and keep screenshot copies of the messages.
FAQs About Using Text Messages in California Divorce Court
What kinds of messages should I present to the California Divorce Court?
Presenting relevant messages can help your argument in a divorce case. If your spouse sent you text messages related to child abuse or neglect, domestic violence, alcohol or substance abuse or harassment and threatening, these messages can help you in your divorce case, as they also contribute to consideration in things like child custody disputes, restraining orders, and division of assets.
Related: What to Do If Your Husband is Texting Another Woman
How far back can text messages presented in California Divorce Court go?
As long as the text messages can be authenticated and fit a hearsay exception, the message can generally be considered as evidence in California Divorce Court.
Can I present messages sent from someone else that isn’t my spouse or domestic partner?
Yes, although the process of authenticating these messages may be more complicated and difficult. Generally, you may need to subpoena the third party or call them as a witness to use these messages as evidence.
Why is it so difficult to subpoena text messages?
It’s difficult to subpoena text messages because cell phone companies generally do not keep records of the content of text messages for very long, if at all. While the dates and times that text messages were sent are usually saved, finding the actual content of the messages is much more difficult, and can make subpoenaing them nearly impossible.
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If you have any more questions on how text messages can be used as evidence in California divorce court, contact us. We’ll get you in touch with the most qualified attorney for your unique legal matter. Get your free consultation with one of our California Divorce Attorneys!