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Text messages as evidence
#1
Hi ,

Can my ex partner use text messages for for dv legal aid and will a judge except them in court. I have never had a conviction from the police or warning for anything regarding dv with my ex
I sent her about 15 abusive text over a 6 month period when contact was stopped with my son I know I was in the wrong but I was angry at the time?

Thanks
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#2
Hi mate welcome

IT can be used in court yes, however the caveat to that is it can be legally challenged as the lawyers would have to prove beyond all reasonable doubt, that it was you that sent them.
i.e. Any text message can only be shown to have come from a certain phone - it cannot prove who wrote that message, so anyone with access to that phone at any time could have written it.

However if you admit to that then you are liable. if you dont admit to that, then it would come into question as to whom you gave your phone to , who had access, why did they write these things etc. and if you cannot supply verified evidence as to the questions, then it would probably be viewed that you sent them and are trying to worm your way out of it.

I.e you punch a bloke in the street you never met before.
You deny it
The courts would say, why would this man you hit, randomly pick you out as the guy when hes got nothing to do with you....get my drift
Advice & opinions on this forum are offered informally, without any assumption of liability. Use your own judgment. Seek advice of a qualified and insured professional.
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#3
I used text messages in Court, they were actually from my ex saying how she was going to set me up in order to stop my access to our children. Giving you an example, what happened with me was, she said she was going to say I was alcohol and drug dependant. When I turned up at Court I had the text string (it has to be a complete string otherwise cannot be used) I wasnt allowed to show them as the other side (my ex and her solicitor) had not seen them, so I had to prove I was not drug or alcohol dependent by paying for hair follicle tests etc. After learning the system a little better, when I went back to Court I had already sent my ex's Council my negative tests and the string of text messages as well as the Court. My outcome was then a lot different. Even with a Solicitor on her side they took the texts very seriously not even asking for proof they were from her (maybe it was obvious). In the string of text messages it also included my answers (which were not exactly polite as you can imagine)............ point being we all get angry when contact to our loved ones is blocked.
My point is, if she does not follow the correct procedure as in, sending them to you first before the Court case then she cannot use them! Also be careful they don't just hand them to you in the Court waiting room before the case............ you can simply just object if they try to and say no and thats the end of it.
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#4
This is interesting as I have a large amount of texts I'm expecting to use in court should it get to a few hearings (which it likely will). They basically outline the contradictions from my ex regarding her conflicting 'rules' in respect of the restrictions she has in place for me to see my son.

I screenshotted a lot of them as proof of her flaky and conflicting behaviour but from what's been said here can these not be used unless the full text string is shown?
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#5
(03-22-2017, 08:49 AM)strider Wrote: This is interesting as I have a large amount of texts I'm expecting to use in court should it get to a few hearings (which it likely will). They basically outline the contradictions from my ex regarding her conflicting 'rules' in respect of the restrictions she has in place for me to see my son.

I screenshotted a lot of them as proof of her flaky and conflicting behaviour but from what's been said here can these not be used unless the full text string is shown?

You cannot show individual texts you do need the string to be complete regarding that particular subject.  It may only consist of 5 texts but your answers, if any can be there.  My answer to my ex'x text was quite colourful but I wasn't concerned about that............after all the texts she sent me were telling me how she was going to set me up, so they would be.  I screen shot them like you and transferred them to my pc and printed them off putting the names against the start of each 1st text in that string.  I sent them to the Court and my ex wifes Council with a letter explaining my case.  To be honest I only gave them a weeks notice before the Court case but luckily the Judge had read everything I had sent him and my ex's council plainly stated he had not had the time to prepare a good case against me.  The Judges exact words were - I was pushing against an open door! and I was to see my children asap!  Makes such a difference when you learn the system enough to know how to defend yourself properly.  In my first case I was innocent but thoroughly rogered by her council - wasn't pleasant  Confused
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