Authenticating Text Message Evidence In Protection From Abuse Cases

In 2020, the Pennsylvania Superior Court heard an appeal in Tomasovich v. Tomasovich. The Court recently issued an opinion in the matter¹,  which provides guidance to attorneys and pro se litigants seeking to admit text messages as evidence in Protection From Abuse ("PFA") cases.

To provide some brief background, Appellant, Kathleen G. Tomasovich ("Kathleen"), appealed a three-year Protection From Abuse Order entered on January 22, 2020, in favor of Appellee, Kaitlyn M. Tomasovich ("Kaitlyn"). Kathleen's son was married to Kaitlyn at this time and they shared a 15-month old daughter. At the final PFA hearing, Kaitlyn testified to the ongoing harassment she experienced. The Court noted a number of specific instances, including: