QUESTION

Can I have recovered text messages deemed inadmissable if permission was not given to recover them?

Asked on Feb 25th, 2017 on Child Custody - Wisconsin
More details to this question:
My ex has recovered 3 and 4 year old text messages and is presenting them in family court. I had reset this phone to factory settings and deleted everything prior to giving to my child for use. She had to have recovered them using software from this device that I own and did not give her permission to use.
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1 ANSWER

Divorce Attorney serving Milwaukee, WI
Partner at Karp & Iancu S.C.
4 Awards
       You are assuming that your ex recovered text messges you sent from an old phone, but your ex may have them on their phone, if you sent them to your ex, or may have subpoenaed the phone records and acquired them that way. Your message isn't clear whether the text messages were sent to your ex or to some other third party, or what the content is of those messages, or further, what type of litigation you are currently linvovled in to make those messages even remotely relevant to the case. I know I am not specifically answering your question, but i would need more information about what is going on with your case to determine if the text messages are relevant, and less concerned if they are inadmisslbe to possiblt having been obtained illegally or without proper authoirty.
Answered on Feb 26th, 2017 at 5:06 AM

David B. Karp Karp & Iancu, S.C. 933 North Mayfair Road #300 Milwaukee, WI 53226 414 453 0800 dbk@karplawfirm.com www.karplawfirm.com

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