How to get text messages with a subpoena

How to get text messages with a subpoena in Florida injunction cases

To use text messages in a Florida injunction hearing, you usually must authenticate them—show the judge they really came from the other person.
Screenshots can work, but in contested cases you may need carrier records or a properly issued nonparty subpoena. This page explains practical options and the basic notice-and-wait steps used to request records from providers.
Looking for quick answers? Jump to FAQs.

Injunctions (also known as restraining orders) can have serious consequences. In many
stalking injunction and
domestic violence injunction
cases, organized, credible text-message evidence can be the difference between a temporary order being dismissed or becoming final.

This video explains how to get text messages admitted at an injunction hearing in Florida and, when needed, how to pursue third-party records (like AT&T or Verizon)
to prove you are being harassed—or to prove you did not send the messages.

Text messages in injunction hearings: the three common options

Text messages can be admitted in Florida courts, but the judge may require a foundation showing the messages are authentic. In practice, most cases use one (or more) of these approaches:

  1. Screenshots of messages (with context, dates/times, and a clear timeline)
  2. Phone/account records showing numbers, dates, and activity (sometimes without full content)
  3. Nonparty subpoenas to providers for records (often the most time-consuming and expensive)

Practical tip: In many injunction hearings, screenshots plus clear testimony can be enough. But if the other side claims “spoofing,” “fake texts,” or “someone else sent them,” you may need stronger corroboration (carrier logs, device history, IP-related records, or other circumstantial proof).

When subpoenas matter

Subpoenas can be useful when (a) the sender is disputed, (b) the communications are voluminous, or (c) you need records to rebut an accusation.
If you’re the respondent and the injunction has criminal exposure, review:
Can I go to jail for violating an injunction?

A simple four-step roadmap for nonparty records

Florida procedure for obtaining documents from nonparties commonly involves notice, a waiting period for objections, and then issuance/service of the subpoena.

  • STEP 1: Serve notice of your intent to subpoena nonparty records.A commonly referenced form is Florida Courts’ “Notice of Production from Nonparty” (Form 12.931(a)). You typically must also provide notice to the other party (or their attorney).
  • STEP 2: Wait for objections.There is usually a short objection window. If the other side objects, you may need a hearing before the subpoena can proceed.
  • STEP 3: Obtain issuance/signature and serve the subpoena on the provider.After the objection window expires (and assuming no court order blocks it), the subpoena is issued/signed and served on the nonparty custodian of records. Providers often require specific wording, return instructions, and payment for processing.
  • STEP 4: Produce the records and prepare them for the hearing.Once received, records usually must be provided to the other side (or made available) and organized into exhibits with a clear timeline.

Sample forms you can reference

The Florida Courts site provides public versions of the “Notice of Production from Nonparty” and “Subpoena for Production of Documents from Nonparty.”


Florida Courts Form 12.931(a) Notice of Production from Nonparty (example)

Form 12.931(a) is commonly used to notify the other side of the intent to subpoena documents from a nonparty, and the PDF includes timing guidance.
Florida Courts also provides Form 12.931(b) on its family-law forms pages.


Florida Courts Form 12.931(b) Subpoena for Production of Documents from Nonparty (example)

What if the other side claims spoofing or fake texts?

Spoofing claims usually require a more organized approach. You may need to lock in details through discovery (where allowed),
then seek provider/device records to corroborate what happened. If you’re dealing with cyberstalking issues, you may also find this helpful:
Grounds for a cyberstalking injunction in Florida.

Need help preparing for an injunction hearing?

Whether you are seeking protection or defending against accusations, the hearing comes fast and the evidence needs to be organized.
Start with our main hub: Restraining Orders & Injunctions,
or read: How to fight a restraining order in Florida.

Important: This is general educational information, not legal advice. Injunction procedure can vary by court and case posture. If you need help, call 407-344-4837.

FAQ about subpoenaing text messages in Florida injunction cases

How much does it cost to subpoena text messages?

Costs vary widely by provider and what you are requesting. Some providers charge processing and copy fees, and the cost can increase if you need additional
steps (motions, hearings, compliance follow-up). If the other side objects, attorney time and court time can add expense.

How can I get text messages thrown out of court?

The most common challenge is authentication—arguing there is not enough proof the messages are what the other side claims they are, or that the sender
is not reliably established. Other objections can include relevance, unfair prejudice, altered content, or foundational problems with screenshots.

How far back can you subpoena text messages?

It depends on the provider’s retention policies. Message content is often retained for a limited time, while account logs (dates/times/numbers) may be available longer.
If you think records matter, it’s usually best to act quickly.

How long does it take to subpoena phone records?

It can take weeks or longer. You typically have a notice period for objections, then provider processing time varies. If there is an objection hearing or provider-specific
compliance requirements, it can take longer.

How can I prove spoofing in a legal case?

Proving spoofing may require technical and circumstantial evidence—such as device records, provider logs, IP-related information, and consistent testimony.
In some cases, digital forensics can help clarify what occurred and who likely controlled the account or device at the time.

Authoritative resources

Reminder: After publishing, also populate your separate WordPress FAQ block/section for this page so the FAQs appear in both places.

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