Results 1 to 19 of 19

  1. Post
    #1

    Preserving text messages for future use in court

    Is there a way to preserve/back up text messages in a manner which would allow them to remain usable as evidence in court?

    I don't think it's possible to get the content of the messages from the telecommunications provider.

  2. Post
    #2
    If you're on android, you can back up using SMS Backup+ to Gmail. Additionally the standard android backup service (to Google Drive) preserves SMS data.

    I think there's a way to get the content from the provider but it probably requires a subpoena or something

  3. Post
    #3
    Keep the phone/sim card?

  4. Post
    #4
    KevinL wrote:
    I think there's a way to get the content from the provider but it probably requires a subpoena or something
    This. If they're worth using in court then the police can get hold of them from the provider

  5. Post
    #5
    Content is available for apx 90 days - Inbound content / logs (Messages sent to you) will have most likely have to be requested by the police.

  6. Post
    #6
    Longer than 90 days, not a criminal case.

    I've been advised that the person I'm getting advice for should write an affidavit regarding the texts and print them off as an appendix, then have it witnessed by a Justice of the Peace, but was also told to seek further advice from someone in a more relevant area of law.

  7. Post
    #7
    If they're on a plan, do they show up on their phone account/bill (at least the outbound messages)? That would go some way towards confirming that a message was sent

    You could potentially argue about the content but it depends on the context whether this is really going to be an issue (say it's a dispute over intellectual property rights and who owns a trademark/patent worth millions of dollars, potentially falsifying text messages is an issue)

  8. Post
    #8
    The content of the text messages is really what's of importance here.

    There's also the issue of needing them to be at the highest standard of evidence possible, as we're broke and this is regarding an obscenely rich abusive partner who will throw endless money at this to be as vindictive as he can and will hire a QC and I expect as much vexatious nitpicking as possible to overwhelm/financially starve out my mother.

    I'm not sure whether to go into too much detail about the situation, but I'm on the verge of a nervous breakdown and probably not processing much of the advice I read too well right now.

  9. Post
    #9
    Gesellschaft wrote:
    The content of the text messages is really what's of importance here.

    There's also the issue of needing them to be at the highest standard of evidence possible, as we're broke and this is regarding an obscenely rich abusive partner who will throw endless money at this to be as vindictive as he can and will hire a QC and I expect as much vexatious nitpicking as possible to overwhelm/financially starve out my mother.

    I'm not sure whether to go into too much detail about the situation, but I'm on the verge of a nervous breakdown and probably not processing much of the advice I read too well right now.
    sorry to hear that situation man. sometimes you just wish karma would play out more reliably and immediately.

  10. Post
    #10
    KevinL wrote:
    If you're on android, you can back up using SMS Backup+ to Gmail. Additionally the standard android backup service (to Google Drive) preserves SMS data.

    I think there's a way to get the content from the provider but it probably requires a subpoena or something
    This is what I used in preparation for my Family Court case. Took ages to upload all the crazy, but so worth it.

  11. Post
    #11
    Gesellschaft wrote:
    The content of the text messages is really what's of importance here.

    There's also the issue of needing them to be at the highest standard of evidence possible, as we're broke and this is regarding an obscenely rich abusive partner who will throw endless money at this to be as vindictive as he can and will hire a QC and I expect as much vexatious nitpicking as possible to overwhelm/financially starve out my mother.

    I'm not sure whether to go into too much detail about the situation, but I'm on the verge of a nervous breakdown and probably not processing much of the advice I read too well right now.
    I would do two things then:
    a) Backup to Gmail via https://play.google.com/store/apps/d...ssync&hl=en_AU
    b) Retain a copy of the monthly phone statement which should give you details about outgoing text messages, which will help verify the SMS Backup+ data

    If it's iPhone then you may need to investigate other options; older phones also have the option to save messages to SD or SIM card - I'd back up in as many different places as possible

  12. Post
    #12
    ClavulanateV2 wrote:
    This. If they're worth using in court then the police can get hold of them from the provider
    The SMSCs only hold records for 7 days

  13. Post
    #13
    Black Plague*** wrote:
    The SMSCs only hold records for 7 days
    Yeah but thats for message delivery, not the actual provider backend.

    As of 2017(could have since changed):

    Spark hold SMS text for 30 days, call/sms metadata(from, to, time and duration) for 7 years
    2degrees hold SMS text for 6 months, metadata 7 years
    Vodafone hold SMS text for 6 months, metadata 7 years

    Spark as someone else pointed out would only provide you messages you sent to someone else and not messages sent to you. It's unclear what the other two would do via the privacy act.

    I think the JOP option is reasonable and also what KevinL and E_D mentioned

  14. Post
    #14
    He's flaring up again.

    One of his key threats right now is saying he's going to claim back $30,000 he gave my mom after recognizing that he got her into debt by making her leave her job and preventing her from working or claiming a benefit for a couple of years.

    The emails state that it was a gift without strings attached, but he's gone apeshit right now and is saying there is case law that means he has a case to claim it back.

    My mom's terrified and doesn't think she'll be able to fight any court case, given he's extremely rich and will drown her in legal fees regardless of the outcome.

    We're likely to lose our house because of this, does anyone know what case law he could be referring to? (I think we're absolutely ****ed regardless but I wouldn't mind some perspective).

  15. Post
    #15
    I feel like I'm missing some gaps here but it might pay to note that $30,000 isn't an amount of money worth pursuing through civil law.

  16. Post
    #16
    Giving an amount at the $30,000 threshold was probably strategic welp.

  17. Post
    #17
    You really need honest professional opinion. He could be pissing into the wind and trying to win on some stupid technicality. I'd aim for immediate mediation but with some professional guidance.

  18. Post
    #18
    No Joke I was on a jury where the defendant had written down all there text messages in a school book from 3 years ago.

  19. Post
    #19
    Suggest talking ASAP to Citizens Advice Bureau (in person), Women's Refuge, any other groups like that.

    If there's any free 15min consults with lawyers in your area, one of those also. I don't know much about harassment orders, but if his messages are profane or obscene, threatening etc see what you could do to get one of those.