Legal Question in Family Law in Pennsylvania
How can I get a court order to get text messages from my wife's phone without having to go through a divorce lawyer?
Asked on 9/24/10, 6:04 pm
1 Answer from Attorneys
John Davidson
Law Office of John A. Davidson
Assuming the messages are still on the phone you could subpoena the phone. This would require a subpoena duce tecams. Which requires you to serve it and then see if the other side objects to it. Guess that she'll find the delete key long before you get to examine the phone. Also if she objects then there will be a hearing to see if she has to obey the subpoena.
Also prior to getting a court order you'll need to have an ongoing case where getting the messages would be relevant.
While none of this would be cheap having an attorney do it, I doubt it something you can do on your own.
{John}
Answered on 9/30/10, 5:52 am