Family Law

Asked 12 months ago - Palo Alto, CA

How can I get my ex to stop verbally sexually harassing me over the phone? During an exchange visit? I put in my court declaration to the Judge last year and I have verbally told the Judge. I cannot record him because here in Ca it is illegal. How do I prove this is happening?

Attorney answers (3)

  1. David Alexander Yomtov


    Contributor Level 16


    Lawyers agree

    Answered . I agree with attorney Ellis.

    Announcing that you are recording the conversation gives the other person the opportunity to either shut up or continue. If they shut up, then your mission is accomplished. If they continue, then you have made a record of their abuse.

    You have the right to be free from abuse, even verbal. A DV Restraining Order may be in your near future.

    More importantly, your child has the right to be free from his anger. If he is insulting their mom in their presence, then this is a form of child abuse.

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to... more
  2. Jennifer L. Ellis


    Contributor Level 18


    Lawyers agree

    Answered . Announce you are recording him before you start recording him. Then start recording him. California is an all party consent state, so you can record if you have permission of all involved. If he stays on the line, that would be implied consent. Same with in person.

    If the harassment reaches a high enough level, call the police about it and file a report.

    I am licensed in Pennsylvania. Members of my firm are licensed in various states, including Pennsylvania, New... more
  3. Tina Tran

    Contributor Level 10

    Answered . I agree with my colleagues, but I'm also concerned about the child. You don't want to have these issues during a visitation exchange -- not only are they awful enough, but anything out of line in the presence of the child must be avoided. You would be well-advised to discuss this situation with a family lawyer. He or she will be able to advise you regarding all issues you raise here. Best of luck to you.

    Tina Tran, Esq. is licensed to practice law in the State of California. Please note that this answer does not... more

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