Can I use text messages in court?

Question

While I was with my baby's father I tried leaving him multiple times and he physically fought me to stay. The final time I was holding my child and when he left the next day I packed her up and left. We got into a fight via text over it and I told him he could have hurt the baby. He replied "I know but you were trying to leave. You shouldn't have fought back" my phone deleted the messages but I was able to screen shot them first.
Will I be able to use the screen shots in custody court to prove he should not be trusted around our child.

Answer 1

You can try but I doubt that the judge will consider your texts. You need to keep this is mind that if you accuse the father of your child for anything you better be able to prove or you may be in contempt.



When I went to court for custody and visitation the mother tried to convince the judge that I was molesting our daughter. Since she couldn't prove it the judge found my ex in contempt and fined her $500.



So be careful what you do and keep this in mind. The father has a right to visit and raise your child just as you do.



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Answer 2

I doubt you'll get a screenshot of a text in. If you had the text message itself, it would still be iffy. You'd have to law a "foundation" that the evidence can be relied on to prove the truth of what it purports to be - do you know how to do that with a text message? Prove that the message came from his phone and was sent from him?



Remember any facts you "know" to be true but don't prove in court - those facts do NOT exist.



Also, your text message would have to prove something - what does it prove?

Answer 3

In theory, the judge gets to decide what evidence is material, relevant and competent. If you have any sort of "proof" of the origin and date of the messages, bring it with you to demonstrate it is "competent" evidence, which can then be evaluated for "relevance".



In any case, you're still allowed to testify orally about what someone else told you or sent you.



Also consider that your messages are all on permanent file with the phone company, if not other agencies with which they share the information from time to time.



A cellphone is like a walkie-talkie: it broadcasts in all directions and anyone within range can certainly record the signal for future use.

Answer 4

What you do in that situation is call the police and file a report. A police report is worth a lot more than a screen shot which, as the answer above pointed out, can be altered. If you are concerned about your child's safety, you call the police. If someone came in my house and assaulted me, I would call the police, not send them angry text messages.

Answer 5

Have you ever heard of photoshop?



A screen shot is about as convincing a the History channel.



What you want is the actual text, or go to your phone company and get an official transcript.



Even if he did "say" that, its just words in the heat of emotion (not an indisputable admission of any violent act, I would say, certainly not to be taken as a forwarning of danger). Even then there is the freedom of speech you would have to contest. One does not offer legitimate threat over text and, even if you could, not in the past tense.