QUESTION

Can text messages that have not been authenticated be used in a final restraining order hearing

Asked on Jul 03rd, 2020 on Domestic Violence - New Jersey
More details to this question:
I went to my final hearing yesterday and the only proof was text messages that came from unknown numbers it is my belief she texted her self somehow however there’s was no evidence whatsoever that these came from me but were still used to grant the verdict in favor of the other Party. Do I have ground for appeal
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1 ANSWER

Divorce Attorney serving Short Hills, NJ at Diamond & Diamond, P.A.
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I am going to guess that you represented yourself at a domestic violence final restraining order hearing and during the course of that hearing, the other side sought to introduce what she claimed were text message material from communications between the 2 of you. There is a reported trial division decision on the admissibilty of the text message material writting by retired Judge Jones. In that decision, he lays out how text message material should be presented to the court for authentication purposes. The problem is that you represented yourself and  I dont know if the judge hearing your matter, afforded you the opportunity to review and object to the courts consideration of that material. I also dont know if you properly objected to the courts consideration of that material when presented or whether you objected after your ex had already testified as to the contents of same.  If you would like, contact my office to schedule a consultation for us to review the materials presented and the court order entered against you. You have a very limited window of time available for purposes of filing an appeal so whether you contact our office or another family law firm, you need to move quickly. If you are planning to contact my office, call my paralegal Angela at 973-379-9292 or email the office at NJDivorcelawyer@aol.com to schedule it. 
Answered on Jul 06th, 2020 at 8:52 AM

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