What are the legal roles of emails and texts in child custody and domestic violence related disputes in a Carlsbad divorce or post-decree matter? Are they admissible? The core issue is the level of anger and venom which is too easily communicated in a text or email. One comment spurs another and before too long things can get out of hand quickly.
The experienced Certified Family Law Specialists at Burke & Domercq, APC counsel all of our clients to be cautious regarding the use of emails, texts and even social media posts. All of these can become part of the evidence in context of child custody and parenting time, domestic violence and other legal aspects of a divorce.
From a legal perspective, many would advance the point that electronic communications are technically inadmissible as evidence as they are “hearsay.” In reality, you must be aware that any text, email, direct message or other electronic communication can be used against you in a court of law.
Electronic messages can absolutely be used to establish a person’s state of mind. They can also be used to contradict statements you’ve made during the course of your divorce. The electronic information from your cell phone can even be utilized to establish your geographic location at almost any given point in time.
There are legal defenses to electronic evidence in addition to a hearsay argument. They must be authenticated – the sender must be proven in the context of the message. The emails and texts in child custody and domestic violence disputes must be obtained legally before they can be presented in court.
It is prudent to assume that everything you send electronically or post to social media will be gathered and submitted as evidence. The Certified Family Law Specialists at Burke & Domercq have decades of experience here in Carlsbad family law courts. We know how and when to introduce electronic evidence to support our client’s case. We have the legal skill, proven experience and expertise regarding electronic evidence and information to protect our clients and aggressively advocate to accomplish their goals and objectives.