Tampering with a Witness Via Text Message

[melissa919]

My boyfriend and his ex have recently been in a custody hearing because she was refusing his visitation and wanted to change his 1st, 3rd and 5th weekend to supervised visitation only. Her claim was that he was a drug addict and had a history of child negligence. He took a hair follicle test and passed, also showed his recent urine test to get his last job that he had passed. The court denied her motion. He still has a date in the future for her denying his visitation and being in contempt of court. During this time period before the trial she told his father that he was a drug user, and had written songs about killing his father in an attempt to damage thier relationship. They had not spoken for 8 years prior to May of 08'. Before the actual custody court case he sent a text message to her with a naked picture of herself and told her that if she kept up her crap he was going to send it to family, friends, and on the net. Her attorney is claiming that sending that text message is a felony and considered tampering with a witness. My boyfriend says he sent the message in regards to what she was telling his dad and was not about the court case. Can criminal charges be pressed? Would they have to go through the DA? And which county would they be pressed in, the county where he sent the message or the county in which she lives in?

 

[SteveLujack]

i think that the Court would consider the body of the text, and weather it stated that if she continued her court case, he would take such action

but, you never know how the sheriff may decide to proceed

 

[melissa919]

Thanks for responding. The body of the text said nothing about the court case. It said if you keep up your crap I will send this to your family, and friends and put on the net. Which he did not do. When he was questioned about the text message during the family court trial he stated under oath that he was referring to her badmouthing him to his father.