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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22314
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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Has a case in nz of false text messages in a family court to

Customer Question

has a case in nz of false text messages in a family court to obtain a protection order gone to the high court and been investigated
Submitted: 1 year ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 year ago.

I am not aware of any case where false text messages have been used in evidence, but in principle, this is no different from any forged evidence. If you can demonstrate that these texts could not have been sent by you, and have the expert evidence to back this up, then I see no reason why this shouldn't help your case. If you want to appeal the Family Court order you would need however to explain why that evidence wasnt available in the Family Court hearing.

Customer: replied 1 year ago.
when this happened neither I or my lawyer were aware that I could get my cell records, the other party produced a full transcript of txts at the top of txts there was identification with email addresses unknown, very confusing, I highlighted the inconsistencies between the txt I sent and the rest , when I goy the cell co records, It matches exactly with my evidence regarding the original transcript. with the other info I have researched this and an appeal will have major issues re evidence and the 'balance of probabilities standard'
Expert:  Chris The Lawyer replied 1 year ago.

If you can show this evidence was not available at the Family Court hearing, and that it clearly demonstrates that the other evidence was false then you would be able to get this introduced

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