Legal Question in Family Law in Florida
My husband and I are in the process of a divorce in Florida. I had a restraining order placed against him and he left a voice mail on my mothers machine, who lives in NY. Can I have her forward that message to my cell phone and use against him in court or does it have to be the original message from her machine?
2 Answers from Attorneys
The rules for introduction of electronic evidence are very complicated. In fact, Florida law is still trying to catch up to technology. For the most part, judges are pretty lenient when it comes to recordings at domestic violence hearings. Most of them just say, "Turn on your speakerphone and let me hear the message." Obviously, if that happens, you'll be okay. Technically, though, there are rules set up to insure that recordings aren't tampered with, and if you transfer the message from the machine to the cellphone, you may be violating these rules, and the judge may not listen to the recording. Your best bet would be to bring the machine to court, but if you can't, you'll just have to use the cellphone and hope that the judge will listen.
Generally, you can use it -- although some judges are pickier than others.