Text Messages Can Be Used Against You in Domestic Violence Cases

Posted by Joseph D. Lento | May 25, 2023 | 0 Comments

If you've been accused of domestic violence in New Jersey, your text messages can easily become part of the case against you.

Text messaging has become second nature to many of us. In many cases, it's a wonderful convenience, allowing us to instantly communicate with friends, families, and others all over the world. We get used to treating text messages like we do speaking. Most of us don't filter our texted thoughts the way we would if we were writing a more formal email or letter.

The problem is that, unlike the spoken word, text messages endure. And they can often be misleading, especially when introduced out of context.

Text Messages Can Be Evidence

New Jersey courts have been treating text messages as admissible evidence in domestic violence cases for well over a decade. Courts repeatedly accept text messages introduced by the receiving party as evidence of harassing statements made by the sending party. In fact, even a single text message, depending on its contents and context, can be evidence of harassment under New Jersey's harassment law.

Context Can Make All the Difference

One of the problems with this is that text messages by themselves often don't provide important context or background that can completely change their meaning. This can allow them to be construed as harassing by the person bringing the domestic violence case when, in fact, the texts may not have been sent with any intent to “cause annoyance or harm,” as required by the New Jersey Statute.

This is one area where skilled attorney Joseph D. Lento can help you. By adding context to the situation, it's often possible to show that what initially appears to be a harassing text was nothing more than a small part of a more playful or friendly exchange of messages. In the case of a single text message being used against you, your attorney might introduce many other text messages sent before and after that one to show that the supposedly harassing text message was just part of a non-threatening conversation.

Authentication is Important

In other cases, what appears to be a legitimate text message from you to the person accusing you of domestic violence might actually be fabricated. This is why courts require evidence to be “authenticated,” a legal term that is used to describe a process that is designed to make sure that evidence that is introduced in court is legitimate. A skilled attorney working on your behalf will make sure that any evidence offered by the other side is properly authenticated and will object to it being admitted if it's not. In addition, your attorney will make sure that the evidence you introduce is properly authenticated so that the court will accept and consider it.

Joseph D. Lento and the Lento Law Firm Criminal Defense Team Can Help

If you've been accused of domestic violence in New Jersey, don't face the charges alone. You need the help of an attorney with years of experience helping people defend themselves against domestic violence charges in New Jersey. Attorney Joseph D. Lento and the Lento Law Firm Criminal Defense Team have been representing clients accused of domestic violence in New Jersey for years. They understand the law, the courts, and how important it is to their clients to mount a strong and effective defense in these kinds of cases.

To find out more about how Joseph D. Lento and the Lento Law Firm Criminal Defense Team can help you, call Joseph D. Lento today at 888.535.3686, or use the online link to schedule a confidential consultation with the Lento Law Firm Criminal Defense Team. You have a right to a strong defense; let Lento help!

About the Author

Joseph D. Lento

"I pride myself on having heart and driving hard to get results!" Attorney Joseph D. Lento passionately fights for the futures of his clients in criminal courtrooms in New Jersey and nationwide. He does not settle for the easiest outcome, and instead prioritizes his clients' needs and well-being. With unparalleled experience occupying several roles in the criminal justice system outside of being an attorney, Joseph D. Lento can give you valuable behind-the-scenes insight as to what is happening during all phases of the legal process. Joseph D. Lento is licensed in New Jersey and New York, and is admitted pro hac vice as needed nationwide. In the courtroom and in life, attorney Joseph D. Lento stands up when the bell rings!


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​​​Contact The Lento Law Firm Today

When it comes to criminal defense cases, you need the right person in your corner. To learn more about how Mr. Lento can help you, call the Lento Law Firm today at 888-535-3686. or contact him online.

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