Can Text Messages Be Used as Evidence in Domestic Violence Cases?
If you are involved in a domestic violence case in New Jersey, you may be wondering whether text messages can be used as evidence. The answer is yes. Courts can allow text messages (including deleted text messages) into evidence in domestic violence trials, but only if they are relevant to the case and the party presenting them can prove that they are authentic.
When Are Text Messages Admissible in Court?
A court may admit text messages into evidence in a domestic violence case when permitted by New Jersey’s Rules of Evidence. Under the Rules of Evidence, a court may admit out-of-court statements such as text messages if it finds them relevant to the case. Evidence may become relevant when it tends to prove or disprove any material fact in the case. The Rules of Evidence deem all relevant evidence admissible unless otherwise excluded by the rules.
The evidence rules allow courts to decline to admit relevant evidence, including digital evidence, under certain circumstances, such as:
- The risk of prejudice, confusion, undue delay, or misleading the jury outweighs the evidence’s value.
- The evidence concerns a defendant’s prior bad conduct admitted solely to prove that the defendant acted in the same manner as in the past.
- The evidence contains statements made outside of court by a non-testifying individual, offered to prove the truth of the matter asserted.
In addition to relevance, a court must determine the authenticity of text messages before admitting them into evidence. A party offering text messages into evidence must prove that the messages have come from the source the party claims they do and that no one has altered the messages. Finally, the best evidence rule typically requires parties to offer an original version of a document.
What Types of Text Messages Can Be Used as Evidence?
Parties may use various kinds of text messages, deleted messages, text message records, or message threads as evidence to prove a specific element in a domestic violence case. Common examples of properly authenticated text messages that could be used as evidence in domestic violence prosecutions include:
- Text messages containing threats of violence
- Text message threads containing numerous messages or messages sent during sleeping hours, which can constitute evidence of harassment
- Messages conveying apologies, which may serve as evidence of an implied admission or consciousness of guilt
- Text messages that establish a party’s location
How Our Experienced Criminal Defense Lawyers Can Help You
If you are involved in a domestic violence case in New Jersey, you need experienced legal help, and you need it now. The team of criminal defense attorneys at William Proetta Criminal Law can help you by investigating the events and circumstances of the charges, challenging inadmissible text messages, and putting any text messages and other digital communications into their proper context at trial.
Our law firm has extensive experience across thousands of criminal cases in New Jersey. We understand how stressful domestic violence charges are. You can expect to receive personal attention from your attorney, who can talk to you whenever you need, including evenings and weekends.
Contact William Proetta Criminal Law today for a free case review with a knowledgeable criminal defense attorney to learn how text message evidence could affect the outcome of a prosecution for domestic violence charges.
