FAQs Texting & Emailing

Can texts be used in court?

Yes texts can and very often do end up being used in court. Parties will often attach copies of text messages received and/or sent as proof of claims in documents provided to the judge. It is integral that you text carefully and politely during a separation or your texts may very well end up as your spouse’s best evidence against you at trial.

Texts can be used as evidence of your ability to act as a parent and it can also be used as evidence that you have been harassing your spouse. In some situations the court has even considered certain types of aggressive texting to be an act of violence against a spouse.

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About the author

Russell Alexander

Russell Alexander is the founder of Russell Alexander Collaborative Family Lawyers and is the firm’s senior partner. At Russell Alexander, our focus is exclusively family law, offering pre-separation legal advice and assisting clients with family related issues, including: custody and access, separation agreements, child and spousal support, division of family property, paternity disputes, and enforcement of court orders. We have locations in Toronto, Markham, Whitby (Brooklin), Oshawa, Concord, Lindsay, and Peterborough.

For more information, visit our website, or you can call us at: 905-655-6335.