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
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
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.
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?
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.
Licensed to Practice Law
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).