Can an IM be used like this in a domestic abuse case? (see details pls)?

Question

Suppose I tell someone over IM about being abused by someone recently, can this person that I am messaging with call the cops and have it be used as evidence?

In other words, if someone called the cops and said that they had copies of the IM conversation would that be enough to send the cops over for a welfare check?

Or, legally, is that not enough evidence to give cause for a check. I was just wondering ... we were discussing the rights of someone's privacy over IM.

Answer 1

Most of the officers I know would pay you a visit for, "check the welfare".  Just imagine if an officer was given the info and ignored it.....huge liability.

Answer 2

domestic violence is a crime not a joke..law enforcement takes violence seriously...if you think someone is being abused you have to right to report it, the police can do an investigation to found out the truth.

Answer 3

Two factors at work here:

A person's copies of IM conversations would, to a smart judge, not be useful or admissible because of the nature of IM records.  They are just HTML or TXT files that the witness could easily type themselves.  Their surprisingly easy to forge.

Now, if under subpoena, the police obtain the IM logs from AOL, your ISP, or another neutral source that records the conversation, it will have more weight.  (If that scares you, may I suggest using IM encryption methods?)

The credibility of the witness is a greater factor here.  Their word is what is being counted, that they were communicating with you and you said certain things.  For example, what if you said so over the phone?  The police would have to act accordingly.