We all know how important texting has become in our love lives. Now they are becoming weighty evidence in divorce proceedings according to a survey by the American Academy of Matrimonial Lawyers. Text messaging was present in the top three forms of electronic evidence used in divorce court today. But getting texts for your attorney can be difficult. You can either read them off the phone directly, or perhaps write them down for yourself.
The second method is to have them taken off the phone. This can be done even after the messages have been deleted. If there is some type of access code for security purposes, bypassing that would make the texts inadmissible in court according to John Simek, Vice President of a Virginia based computer security company called Sensei Enterprises, Inc. It’s like the difference between a suitcase that is open and one that is locked. Of this Simek said, “Then there is an expectation of privacy, and you’d better not be blowing by it.” Also understand that cell phone providers don’t store any messages on their end. So don’t go snooping in that direction, you’ll come up empty.
This is where you can use a trained pro to get your ex’s texts. According to Simek, a text message usually stays on the provider’s servers for about two weeks. But a case has to be filed before a security company can go in there and get a text. Otherwise, they have no leg to stand on legally. Searching the actual phone is really the best way to get at texts says Simek. Once a text has been deleted however, it can be hard to retrieve. Computer forensics companies can use several methods to try and retrieve these text messages. BitPim , Sim Card Seizure, or Paraben Device Seizure are some of the methods used. Keep your fingers crossed.
“Normally it’s pretty volatile, these text messages,” says Simek. How your phone overwrites memory comes into play. But the forensics company will go through all of the internal organs of the phone to see if they can grab a hold of the steamy text your ex sent to their lover. These special software extractions can even get the date and time, important information where court is concerned. Some of the software programs even get inside the phone and take a photo of the text. These companies can even testify in court on how the text was extracted. So the next time you have a text that can help pay off in divorce court, look up your local computer forensic security company. They may be able to ensure you get your hands on it, and your lawyer does too. For more assistance with evidence seeking read, The Everything Private Investigation Book: Master the Techniques of the Pros to Examine Evidence, Track down People, and Discover the Truth by Sheila L. Stephens.