To Text or Not to TextI have heard Client’s say they don’t answer calls from private numbers, they don’t answer calls from numbers unknown to them and they basically just do not answer their phone.  When asked why they have their phone they reply, to text, tweet, post and check Facebook, Instagram, Snapchat, Google search, listen to music, podcasts, and whatever else they do with their phone besides actually making and receiving phone calls.  Communication comes in many forms and for anyone younger than 40, audio (actually talking) is the least type of communication used.

I think to myself, well then voicemail should soon be obsolete and maybe we don’t need our ears or our mouths, but then how can girls take photos of themselves with puckered lips?  Now for some positive (words) about the other forms.  I spent over three hours in court the other day as I was served a subpoena by my Client’s attorney as a witness.  I was summoned because I conducted a case that included public record documents and without my testimony, my findings were hearsay.  I sat there and listened to a lot of cases regarding protective and restraining orders.  In each case, the plaintiff or defendant was allowed to show the judge text messages they had received from the other party.  And in each case, the judge read those messages out loud so that both parties and the people seated inside the court could hear.  I was amazed at the language used in these texts and more amazed that the judge read the messages word for word without skipping a beat on the foul words and threats.  And yet, each time a new case was called, one or both parties searched their phones for text messages they received and believed would help their case, and in each instance, the judge read verbatim each message and looked up and asked why they would send such a message. The answers were a bit comical to me, not to downplay their situations, but the fact they actually used the written form communication and ultimately it was enough evidence to have a restraining order or protective order against them.  In one particular case, from the evidence produced by the text messages, this individual was not allowed to contact their child as the protective order included any minor in the household.

I am not advocating verbal abuse, but I am saying there are pros and cons in every form of communication.  The written word can and will be used against you in the court of law, as well as documented actions (video), and recorded voice calls (when someone decides to actually answer their phones).  Back to the positive forms of communication, it was positive for the person receiving the texts, obtaining the Protective order, for the many people seated in court and for those who excused themselves and went into the hall and began to delete messages, photos or whatever else they thought went to the trash folder…………….but nothing is really gone forever.  A forensic extraction of your phone can bring those “dead texts” back to life and right back into court.

So, before you think an actual phone call is a bother, or you hide behind a text message because you have false courage with your words, remember, nothing is ever truly gone, it’s there waiting to be found.