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Can I audio tape a conversation with my wife as evidence of her abusive behavior In Washington State?

Asked over 2 years ago - Seattle, WA

My wife had both physically and mentally abused me for a year or so. Has got worse in the past few months and I have thought of a divorce for the first time. I have never fought back, not in my nature. We own a home, business and have one child together. She blows up and says she will call the cops on my for abuse on her and my child and I will be taken away because of the fact that I am the man. There is drinking and drug abuse in her daily life and I am at wits end. I thought of taping her accusation, verbal assault and made up lies . Is this legal in Washington State. Need to protect myself from her and her exteam anger issues. Afraid that my child will be next and I can't let that happen. One taped conversation with her would guarantee that I would be able to be a Dad.

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Attorney answers (2)

Jonathan William Milstein

Reputation Level 11

Answered over 2 years ago. Elder Law Attorney in Bellevue, WA.

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You can certainly tape the conversation, but the real question is for what purpose. If you are concerned for the health and safety of yourself and your child, taping a conversation is not going to provide for that. Rather, you could take some preventative action in this case by filing a domestic violence protection order or something along those lines. This of course would be a move that would have significant consequences for your relationship, but it sounds as though it is simply a matter of time before real consequences will be at stake. Your wife needs the assistance of services. You can certainly turn to the state for help if finances are tight.

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Yale Lewis III

Reputation Level 13

Answered over 2 years ago. Family Law Attorney in Seattle, WA.

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it sounds like you need to gather evidence, perhaphs including taping her verbal abuse, and then get a domestic violence protection order. other evidnece would 3rd party witnesses, photos of her drugs and drug paraphernalia. If she really is doing drugs, call the cops on her. (cops do tend to assume that the man is the guilty party in terms of domestic violence, but if you have good evidence that she is doing drugs, they will arrest her, not you.) If the child is really in danger, you should call CPS as well

Yale Lewis

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