Login|Contact Us
Question and Answer

Legal

Ask a Lawyer, Get an Answer ASAP!

  • Ask A Question
  • Browse Answers
  • Meet The Experts
  • How JustAnswer Works

How can I get a court order for text messages? My husband has

 
VAMD, Esq.'s Avatar
  • Answered by:VAMD, Esq.
  • Attorney
  • Positive Feedback: 97.6 %
  • Accepted Answers: 2729
Verified Expert
in Legal

Recent Feedback

Positive
Excellent information presented in an easy to unstand way
Positive
VAMD was very thorough in his answers and very helpful. Highly recommended!
Positive
my expert answered the question..I asked a clarification question..and they...
Positive
This is a good service, very helpful. thanks
Positive
Thank you for the reply. You answered my question perfectly.
Positive
Excellent resource as always.
Positive
I am blown away at how informative this was. He knows his law, he is a God...
Positive
very helpful to clarify my mind
Positive
very good answers and detailed

Customer Question

How can I get a court order for text messages? My husband has been cheating on me and I want to get a copy of the text messages

 



Already Tried:
My husband has deleted all traces of his e-mails and texts. I have tried to retrieve them but have failed. According to his phone records they texted each other almost everyday for the past 2 years and I want to get the content of these textes and I only know of a court order at this point and have no idea how to go about it and if I can even legally do it. Please help me

Submitted: 1444 days ago.
Category: Legal
Value: $30
Status: CLOSED
Picture
Expert:  VAMD, Esq. replied 1444 days ago.

Hello and thank you for allowing me the opportunity to assist you.

Question: “How can I get a court order for text messages? My husband has been cheating on me and I want to get a copy of the text messages”

Answer: Assuming the content of the text messages is even retrievable (i.e. they may be lost forever once deleted), you would need a court order to get them from the phone company. In order to get such a court order, there has to be a lawsuit of some kind (i.e. a divorce in your case), and the text messages would need to be relevant to the case (and they would if they can help prove adultery – assuming adultery is being alleged).

So, you first need to file for divorce, and then request an order from the judge directed to the phone company that compels the phone company to disclose the text messages.

Have I satisfactorily addressed your concerns? If not, then please feel free to ask for clarification.

.

DISCLAIMER: Please understand that the complexities of most legal problems cannot be adequately addressed in this setting, and that I am only licensed to practice law in the state of Maryland. Accordingly, you acknowledge (1) that we have not formed an attorney-client relationship, and (2) that my post is general information only and not specific legal advice.

Customer replied 1444 days ago.

I don't know if I want to file for divorce yet until I see the contents of the texts. Is there any way to see them to determine if I want to divorce?

Accepted Answer

Picture
Expert:  VAMD, Esq. replied 1444 days ago.

Unfortunately, the answer is no. The phone company won’t turn them over without a court order, and you can’t get a court order unless there’s a pending lawsuit and the text messages are relevant to the case. The only lawsuit I can think of that you could file where the text messages would be relevant is a divorce. I wish I had better news with regard to that.

Have I satisfactorily addressed your concerns? If not, then please feel free to ask for clarification.

.

DISCLAIMER: Please understand that the complexities of most legal problems cannot be adequately addressed in this setting, and that I am only licensed to practice law in the state of Maryland. Accordingly, you acknowledge (1) that we have not formed an attorney-client relationship, and (2) that my post is general information only and not specific legal advice.

 

Expert TypeAttorney
Category: Legal
Pos. Feedback: 97.6 %
Accepts: 2729
Answered: 4/22/2009

Experience: Licensed to Practice Law

Ask this Expert a Question >
 
Tweet

18 Lawyers are Online Right Now

Ask Your Question Now
Legal Questions Date Submitted
what is the SOL on a lawyer fees? 3/28/2013
What are my liabilities as "Responsible Person" for a new corporation? Also, 3/28/2013
Hello, I am being sued in a limited Civil Case in California. 3/28/2013
Question in 2 parts: My company paid for my travel from Denver, 3/28/2013
if i filed an order of protection against my ex and i contact 3/28/2013
My mother died in testate on Feb 20th with instructions that 3/28/2013
My wife died 8 years ago and I forgot to close her savings 3/28/2013
is it legal in the state of michigan to marry people over 3/28/2013
[How to] Collateral Attack on Void Judgment It is my understanding 3/28/2013
I recently transferred Orthodontics offices. When I initially 3/28/2013
RSS
Next 10 >
Ask A Lawyer
Type Your Legal Question Here...
characters left:

Top Legal Experts

See More Lawyers

In The News

Nbc
Washington Post
New York Times
Cnn
Learn More

How It Works

  • Ask an Expert
  • Get a Professional Answer
  • Ask Followup Questions
  • 100% Satisfaction Guarantee
Learn More
 
 
 

Recent Articles in Legal

  • Quit Claim Deed Related Questions
  • Warranty Deed Questions
  • Zoning Law Questions
  • Credit Report Questions
  • Automatic Stay Questions
  • Gender Discrimination Questions
  • Insanity Defense Questions
  • Arson Questions
  • Bait and Switch Questions
  • Mortgage Fraud Questions
All Legal Articles
 
 
 
close
Find Expert answers related to your question.
Sign up using email
We will never post anything without your permission.
Already have an account? Sign in

Ask a Lawyer

Get a Professional Answer. 100% Satisfaction Guaranteed.
234 Lawyers are Online Now
Type Your Legal Question Here...
characters left:

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Truste
Contact Us | Terms of Service | Privacy & Security | About Us
© 2003-2013 JustAnswer LLC