Unpacking Misunderstandings: Text Messages in Court
Many text messages don’t say what you think they say at trial.
Hi, I’m Tulsa Dads.Law attorney Clint Hastings. I practice here in Tulsa, Oklahoma. I focus on father’s rights, and I’ve been practicing for about 25 years.
Common Misinterpretations of Text Messages
I get this all the time — people come to me and tell me a story that’s relevant to their case. They’ll say, “She said this in a text. She threatened me. She said she was taking my kids. I can prove it — it’s all in the messages.”
Then I get the actual texts, and they don’t say what the person thinks they say — at least not from the perspective of an objective third party. And that’s what a judge is: an objective third party looking at the evidence.
Importance of Consulting an Attorney for Text Message Interpretation
So much of how we communicate now is shortened, casual, and imprecise — poor grammar, missing punctuation, slang, acronyms, emojis, and shorthand. What seems obvious to you may not read that way to someone else.
I’ve seen it hundreds of times: someone says, “I know what they meant — it was a threat,” or “They were saying they’re going to take my kid.” But when you look at the text, it’s vague — something like, “I hope you get to see your kids soon,” or “You’ll see what happens.” Those may sound threatening in context, but they don’t explicitly say what you think they do.
Need Help Understanding Your Text Messages for Legal Purposes?
You can testify about how you interpreted the message and why, but the other side will almost always say, “That’s not what I meant — they’re overreacting or misreading it.”
One of the most common examples is the phrase “You’re dead to me.” Most of us know it doesn’t literally mean, “I’m going to kill you.” It means, “I’m done with you.” Yet I’ve seen people file for protective orders claiming it was a death threat. Judges usually recognize it as a common expression, but when combined with other statements, it can take on a different tone.
Contact Us for a Consultation
So before assuming a message says what you think it does, show it to your attorney and ask, “Is this actually clear evidence of what I believe it means?” Often, the answer is no — or at least, it’s not as strong as you think.
If you’d like to discuss how to use text messages or other communications effectively in your case, give Tulsa men’s divorce attorney Clint Hastings a call at 918-962-0900 — we’ll be glad to help.
