Legal Question in Family Law in California
Recently I posed as someone else to find out if my (now ex) significant other was cheating on me. I became suspicious when I read her emails because she had left her computer on and her emails visible. I exchanged a series of emails with her posing as the person she originally exchanged emails with. Turns out she was engaging in what some might consider illegal activity (prostitution). Are the email exchanges between her and me (posing as someone else) admissable in Family Court as evidence?
1 Answer from Attorneys
Without the full set of facts and circumstances, as well as the emails themselves, it is impossible to give you an opinion on the admissibility of specific evidence. More generally I see three issues. 1. Authentication; 2. Hearsay and 3. Relevance. Of course those are the usual issues in introducing any documentary evidence. The trouble with emails is that they can be altered. So you will have a big authenticity issue. Hearsay problems would be minor, as long as you are up on your exceptions to the hearsay rule. Relevance would be a big one. You say she was your "significant other," which means you are not married. You mention no children. So what would you even be in court for, and what would this be relevant to?
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