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Can I use my text messages be consider as evidence for proving domestic violence in family court?

Seattle, WA |

I have many text message send from the other party and also other people to me. I am getting a protection order, Are the pictures, text messages admissible in court as evidence?

Attorney Answers 4

Posted

Yes, they are. The Rules of evidence are inapplicable in domestic violence court, but even if they were in full effect, you could use text messages and pictures as evidence. Best to get the texts transcribed and the pictures printed onto paper so you don't have to hand the judge your phone. Elizabeth Powell

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Posted

This is not a DV question. It is a family law question. Yes you will be able to talk and introduce this evidence to the Judge in Family Court. Get a family law attorney now to help you do it correctly.

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Posted

Normally the court will consider texts and pictures in a domestic violence case. It’s always best to consult with a good family law attorney to discuss the details before you act. See my AVVO Legal Guides on DV cases for more information about the legal issues raised by your inquiry. Please keep in mind that although these Legal Guides are often informative, they are no substitute for legal advice from an attorney you have retained for consultation or representation. There are always exceptions to the general rules. Click on my photo. On my AVVO home page click on "Contributor Level - View Contributions" or scroll down further and click on "Contribution - Legal Guides." Scroll down the list of my 29 Legal Guides and select the topics relevant to your question. If you like my answer and Legal Guides, please make sure you mark them as “helpful” or “best answer”. © Bruce Clement

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Posted

Just make sure if you print them out the subject line and "to" and "from" lines are visible and showing that you can identify they were in fact sent by the opposing party. I have raised that as a defense in several child support cases as well as a Federal Court case.

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