There are many reasons why you may at some point need to obtain cell phone records for either someone calling you or someone else you may suspect of nefarious activity. Whether it is a cheating spouse, a harassing friend or ex, or even an annoying telemarketer you wish to take to litigation; the cell phone records can help greatly in delivering the smoking gun.
What can be slightly confusing is just how to get those records and whether or not those methods are exactly legal or a violation of privacy rights. Depending on the situation, you may need to use a different method when it comes to obtaining those records.
We will look at a few scenarios and the best means of obtaining records based on them. The cheating spouse who is still in the home: This is among the easiest of methods since the records may actually already be in your possession. If the spouse is hiding them or simply not having them delivered, you can call the provider and easily sweet-talk your way into getting them.
This is among the easiest ways to get records if you can. The soon to be ex-spouse not in the home: This may require a little trickery but if your spouse has not changed their online account information, this is quite easy.
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You can simply log in to the account and get any records you want. If they have changed the account information, you will need to try the same above method of calling the provider and getting the records. While on its own that message may not be a very strong piece of evidence, the text could be used in conjunction with other exhibits to prove a point against you.
Text messages can be interpreted in a completely different way than you originally intended, so it is best to be very sure that you do not send anything inflammatory. Some legal experts say using personal texting as evidence is an invasion of privacy and therefore should not be admissible in court.
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As in criminal cases, admissibility of evidence is often based on how the evidence was obtained. Another challenge to the admissibility of a text is proving who wrote and sent it.
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However, it could strengthen your argument when it comes to negotiating outside the courtroom, and her own guilt could could help you receive a more favorable settlement. A good lawyer can help you determine whether the text-message evidence you feel is damning will truly influence the court or be summarily dismissed as irrelevant.
Those transgressions are a lesson that should have been learned by everyone at this point. Learn More. Related Articles.