Can I record an assault and battery on my property if I do not have consent of the other party in California?

Asked over 1 year ago - Walnut Creek, CA

I recorded via my iphone my husband's ex wife commiting assault and battery while I was in my home at the front door and she was on my doorstep. I did not ask for her consent. I need to use the evidence in court for a restraining order. Can I just bring it to my hearing?

Attorney answers (2)

  1. Michael Douglas Shafer

    Contributor Level 20

    1

    Lawyer agrees

    Answered . You can, but it might be a good idea to speak with counsel first.

  2. David Andrew Mallen

    Contributor Level 14

    1

    Lawyer agrees

    Answered . The general rule is that you can record things that happen in public, especially things that happen on your property. Courts have rules for introducing this type of evidence. You are better off having a lawyer help you. Or, find out the rule in advance.

    David A. Mallen offers answers on Avvo for general information only. This offer of free, general answers is not... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

29,369 answers this week

3,135 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

29,369 answers this week

3,135 attorneys answering