My soon to be ex-wife filed a TRO including DV. She claims to be ‘mentally abused’. When she left the house, she also left her old phone with me. The very night she left, she went and got all new phones with a new provider/carrier. I even went with her to transfer all her data to the new phone and phone company. After that, she left the old phone with me since it’s on my phone bill that I pay for. On that old phone that she left in my possession are text messages proving that everything she said is a lie and would dramatically prove her wrong in court. I want to know if I am allowed to use the text proof from the old phone in court to prove her allegations are false. I did not hack into anything as we have always known one another’s passcodes to get into the phones. Am I legally allowed to use this proof from her old phone to prove my innocence?
When you went to the store to get her new phone, did the store representative witness her giving you the phone? Maybe they would be willing to make that statement to prove you have legal possession of the phone?
Yes, you can use them. She gave you the phone knowingly and willingly; she knew what was on there. The judge won’t exclude it if you establish she gave you the phone voluntarily.
Did your lawyer offer an alternative way to get the messages, or that information into evidence? Like, presumably, there is someone on the other end of those texts that could offer them and testify as to their content.
@Presley
I haven’t asked about that yet. I should probably bring it up with him.
Aren’t you going to have an attorney represent you? If not, why not? If it’s going to be a contested divorce, you should definitely have representation.
Hazel said:
Aren’t you going to have an attorney represent you? If not, why not? If it’s going to be a contested divorce, you should definitely have representation.
I do have an attorney already, but he seems unsure if I can use this evidence or not, which is why I’m looking for some other help.
If she gave you the passcode, then your use of the phone is via her permission. If the text message is her text message, then it’s admissible as a statement of a party-opponent. You would want to float that past your attorney, of course.
@SteveAffie
That makes sense. I just want to make sure I’m not stepping on any legal boundaries by using this evidence.