Maple Shade, NJ asked in Domestic Violence for New Jersey

Q: Can text messages be used in dv court in nj to prove im violent and not safe to be around unborn child nj

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2 Lawyer Answers
Leonard R. Boyer
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Answered
  • Clifton, NJ
  • Licensed in New Jersey

A: Yes text messages can be used if a proper foundation is laid, to introduce them into evidence. In a Domestic Violence Trial, the Court will always conduct a hearing to determine if the issuance of a Final Restraining Order is justified or not. Having evidence to support your position is nice, but that does not mean that your evidence will be admissible. Trying to represent yourself in Court is a bad idea. Not only are you emotionally involved, but you are not a trained attorney. You do not know the Court Rules, Rules of Evidence, case law, nor are you trained how to handle a legal case, especially if litigation is involved. However, if you do not retain counsel, and the opposing party does have counsel, you will could get slaughtered (figuratively speaking). You need to have an in person consultation with an experienced matrimonial attorney, who has extensive domestic violence trial experience. Your questions and concerns cannot adequately be dealt with in this forum. You need the best attorney you can afford, do not let geographic considerations be a factor in your choice of an attorney. Good luck.

Bari Weinberger
Bari Weinberger
Answered
  • Domestic Violence Lawyer
  • Parsippany, NJ
  • Licensed in New Jersey

A: Thank you for your question. I am happy to assist.

The basic answer to your question is, yes, text messages can be used in Court. In fact they are commonly used to present a case as it relates to domestic violence hearings. However, they need to be submitted in accordance with Court Rules and they can, in many cases, be objected to if they are not properly introduced. As it relates to an unborn child, custody issues will need to be addressed after the child is born. It appears that you may have a few issues that need to be addressed. It would be best to contact an experienced family law attorney to address your specific concerns.

I hope this information was helpful to you.

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