Social Media and Texts as Evidence

Typically, a victim in a Domestic Violence matter wants to introduce threatening texts or facebook posts. They bring no documentary evidence with them, only it is on the person’s cell phone. In New Jersey, the permanent restraining order date is set for 10 days after the entry of the temporary restraining order.   What is a Judge supposed to do.   Have the victim read the material on the cell phone.

   Ask to see the cell phone. Show the cell phone to the Defendant. Have the Sheriff’s officer stand between the victim and the Defendant in Court and pass the phone back and forth. (Court really does not work like Judge Judy).   As usual, the technology has not kept up with the times.   Recently, a New Jersey Judge has ruled that if this happens, the hearing will be adjourned and the victim must come to court next time with three sets of paper printouts of the texts and social media pages, or the evidence will not be allowed in Court.

If you have been a victim to domestic violence, contact an experienced attorney to represent you and protect your legal rights.  The family law attorneys at The Law Offices of Hunziker, Jones & Sweeney provide quality representation their clients can rely on.  Call (973) 256-0456 for a consultation today.

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