Facebook Comments

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Facebook Comments

Postby ItsWorthIt » Sun Dec 04, 2011 2:45 am

I have facebook comments I want to introduce in court. The ex says she didn't make comments, and if she did, she blocked them from our children. I have copies of many, but does it matter if I can't prove she didn't block the children? Her friends on facebook who received the messages included everyone in our previous life, including our kids' teachers, their friends, their coaches, and their friends' parents.

What if I have evidence that proves she did not block my children? Can I, and/or should I present this evidence? I'm thinking it would not be a good idea in case they ask how I got it, but it's the only way to prove the children were not blocked.
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Re: Facebook Comments

Postby Thoughts? » Sun Dec 04, 2011 4:05 am

You're over analyzing.

A "Friends" printout showing she had your kids teachers & friends parents viewing her accounts is good, and her public slams are good. Hand them to a good litigator, he'll use them on her on the stand to slap her along side the head or diminish her "oh poor innocent me" personna.

Unless you have her publicly soliciting a mob hit man to take you out, or pics of her on facebook having sex in front of hte kids on the coffee table, use it for what it's worth like I describe above, and move on. It's not much better than a credibility tearer or something to have sport with in front of the judge due to her stupidity and public hammering. Your goal is to show her as hateful & vindictive. To whom matters less.
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Re: Facebook Comments

Postby Fatheroffour » Sun Dec 04, 2011 8:15 am

I hope you have other things you are taking to court besides this . You cannot just print them off and enter them into evidence. Since she says she didn't write them, what is your plan for having the evidence authenticated?

Different rules, different states but there are several main points that must be addressed.

The information must be relevant.
The information must be authenticated.
The information is subject to the hearsay rule.

While it concerns a criminal case, some of the issues and arguments will be relevant__ http://lawprofessors.typepad.com/eviden ... p2011.html

More reading-

http://www.law.com/jsp/lawtechnologynew ... slreturn=1

I know in my own case, when confronted with printouts of web postings, if I hadn't said on the stand "Yes, I wrote them" they wouldn't have been introduced.
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Re: Facebook Comments

Postby Jehr » Sun Dec 04, 2011 10:34 am

Re: blocking the kids...any of those posts have date time stamps of when the kids were with her and would have conceivably been around?

Agree with the earlier comment, hope this is but one bullet in a loaded magazine.
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Re: Facebook Comments

Postby ItsWorthIt » Sun Dec 04, 2011 12:41 pm

Thanks for everyone's response.

I don't think she will deny the facebook comments once I present them in court. She doesn't make a habit of lying unless she thinks I can't prove it. Right now, she doesn't know I have the printouts, and she has since deleted the posts, so she thinks she can deny them. However, I think she'll admit it to the judge, yet she'll say she blocked our children. When she says this, I have the opportunity to catch her in a lie by proving she didn't block the kids. But I'm afraid what questions that will raise on where I got the proof, which can only come directly from her account.

Yes. I have lots of other evidence, mostly phone and voice mail recordings. But lots of letters, emails, and texts too.
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Re: Facebook Comments

Postby Fatheroffour » Sun Dec 04, 2011 3:19 pm

Based on your other threads, relying on her to self authenticate the evidence against her is a penny in wishing well.

From the sound of it, you hacked into her account to print out the information and now you expect her to authenticate it and the courts to accept it. Don't you see problems with that?
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Re: Facebook Comments

Postby ItsWorthIt » Sun Dec 04, 2011 4:44 pm

Fatheroffour wrote:Based on your other threads, relying on her to self authenticate the evidence against her is a penny in wishing well.

From the sound of it, you hacked into her account to print out the information and now you expect her to authenticate it and the courts to accept it. Don't you see problems with that?


I didn't hack her account to get the printouts. We have a mutual friend that supplied some of them to me, and the rest were public. Proving who she blocked, well, maybe it's best to leave that out then.
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Re: Facebook Comments

Postby Thoughts? » Sun Dec 04, 2011 5:32 pm

OK, good, they arguably would be admissable. You might need the friend available to testify to verify their authenticity.

But point of the original responses -- have multiple guns, multiple bullets in the magazines. This may or may not do you any good.
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Re: Facebook Comments

Postby CCR » Mon Dec 05, 2011 8:54 am

What exactly is in her posts? Judges understand that emotions are running high in divorce and people say all kinds of stuff.
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Re: Facebook Comments

Postby ItsWorthIt » Tue Dec 06, 2011 1:45 am

CCR wrote:What exactly is in her posts? Judges understand that emotions are running high in divorce and people say all kinds of stuff.

Your question got me curious, because I haven't been checking lately. I have a whole bunch of stuff with bad comments and names directed at me that are old, but nothing new.

So I called my mutual friend from facebook, my brothers wife, she's offered before, so I asked for access to her face account. I can't believe what I found many pages down. Sure there were a few references to me, with quotes for songs, but nothing as big as my old stuff. But this time I found one directly right to my two oldest children (adopted and alienated from me).

[NJ's Name]
z & c~ "someday...", such a true song! [heart]
Taylor Swift - Mean
[NJ's Name] I want my kids to sing this song LOUD & PROUD....
because "the cycle ends right now"
[Daughter's Name] how does this apply to me towards [son's name]?
He's always sooo mean to me and then nice but that's not me mom.
[NJ's Name] It doesn't appy to you and [son's name] towards each
other...I'll explan later.
[Daughter's Name] ??ok then

The z&c in her post is directed at my kids because that's the first letter in there names. I know this post will raise a lot of questions, but I assure you, I have not beaten my kids, even though that's what the post is refering to, if you know the words. He she is continuing to plant thoughts into my kids' heads that I abused them, even though she never said that until I filed for divorced.

So. Would a judge see into this like I do? Would a judge recognize the alienating? What happens when this starts with my younger two kids? She's already working on them in other ways. I'm so sick of this crap.

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