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Court. Evidence equality?
So my ex filed harassment on me, for sending a lot of texts/calling a lot
None of them we threatening. Most of them were "I'm sorry" "I miss you" ect
That's just some background, not my question.
My question is, when she presents the text messages in court(which I will imagine will be printed out) should I get a copy of those texts?
Like do I get a copy of any evidence she presents?
Family court
2 Answers
- Anonymous8 years agoFavorite Answer
This all depends on whether or not your ex is asking for a protective order, or is suing you in civil court for harassment.
I think you indicate it is in family court, so more likely than not, it is a protective order (or whatever they call it in your local jurisdiction).
This is not legal advice, but just what I know personally.
If you think your ex will try and fudge some of the texts to make you look bad, make sure you print them all out as well, and bring your own copies. Then it is up to the judge (you don't get a jury for this sort of thing) to determine whose copies he believes. Also bring screen shots of the texts, and perhaps even your own phone that have the messages still on them.
You will not get a copy of all of her evidence, as from what you state, this is a hearing for a protective order or restraining order--it is not a "law suit", technically, where you get discovery and are entitled to all of the other side's evidence. Usually a protective order will only be issued if your ex can prove that she feels threatened by what you are doing, taking into account whether or not there was violence in the relationship, threats, history of domestic violence against other partners, other violent behavior, etc. From what you say, you're just annoying her, which may not be enough for her to get a protective order.
You still should cut off all contact with her, though. That's obviously what she wants, and it doesn't help your case to keep contacting her. I'm sorry this happened to you--been there, and it hurts. :(
- StarlordLv 78 years ago
.Arby has it right, regardless of the court, document everything. If you have printouts of BOTH sides of any texts or emails, then she will have a hard time producing false ones or doing some creative editing.
Source(s): Former deputy sheriff/corporal