We text every day- many times without thinking about the fact that these hasty words are perfectly preserved and readily available to be used against you in your divorce or family law case.
Galveston family lawyers and other practitioners are eating these bits of evidence up like candy in domestic cases. But there are still some issues about getting evidence of a text before the court that the attorney must consider. Like all pieces of evidence, attorneys must show that the evidence is an actual document (or an "authentic" true copy) that wasn't fabricated. Attorneys must also show that the text should be allowed despite the general rule that hearsay (an out of court statement offered as the truth) is not allowed because it is so unreliable.
In the case of Butler v. State, the Texas Court of Criminal Appeals set out the following predicate: