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Emails from ex as evidence in court

5 replies

TheDevilWearsPrimark · 30/09/2010 03:36

I have been told that these can't be used as they are either not provably from him (loads are sent from his work email address) or they are too personal to be in the courts interest.

Surely this can't be right? (and it was my Barrister, in court that told me this)

There was also the gem that the domestic violence is not an issue for the family courts at all, and should be heard separately!?

OP posts:
wildfish · 30/09/2010 07:21

On the emails question, I would agree. If you take a bunch of papers into court how do I know you didn't sit on a word processor and make the whole lot up.

If you showed me your email account, I still have no proof someone or you didn't forge these emails.

To have a reasonable belief of proof these are from him, I need your account, your email provider logs, and probably access to logs from the sender provider. Then I could have a reasonable basis of proof.

And while I know family courts have a lower burden of proof, I don't know how low.

gillybean2 · 30/09/2010 07:34

Emails are extremly easy to fake/alter. So I can see why he is saying that they may not be accepted.
Why are you wanting to use the emails? What is it you are hoping they will prove? Presumably harassment from what you say later..?
Do you have text messages which are easier to use in court (you need to get them transcribed) which may provide evidence of the same thing?

Have you been to the police about the DV? Do you have medical records or police incident numbers to back you up here?
Yes you shouldn't be using the family court to prove the DV, it's not the place for it and should be heard separately.
However if you believe it affects the family court hearings and the safety of your children, or your own safety at handovers, then you should be mentioning it. You can't just bring up these things now as it will look like you are simply saying it to frustrate contact/court process. So in soe ways your barister is correct but not entirely.

It's not unknown for DV to be 'ignored' in family court because it is argued to be historical and the reasons stated for it are sometimes because of the pressure of the relationship, which has now ended so presure not there anymore therefore no longer relevant. Not usually by your own barister though!
Also if DV has been against you only and not against the children they can argue it's not relevant to contact too and therefore should be ignored.
So on some level yes, I can see why your barister may say that, but at the end of the day you are instructing them, and if you want it said then they have to do as you ask. Just be prepared for everyone to be very sceptical if you've never been to the police in the past and don't have any evidence it is still occuring.

Sorry I know probably not what you want to hear :(

StewieGriffinsMom · 30/09/2010 07:35

This reply has been deleted

Message withdrawn at poster's request.

Mummiehunnie · 30/09/2010 10:31

my ex bizarely faked some emails, I have no idea how he did so, how do they do it?

gillybean2 · 30/09/2010 13:48

You just copy and paste.
Or you forward it to someone and then change or add the bits you want in the original message.

It's easy really!

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