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Family Law

Los Angeles, CA |
Filed under: Family law

Can I record my ex face to face if I put my phone in my bra and turn on record? Is it legal! Can I use the recording in court? He is sexually abusing me verbally.

Attorney Answers 4

  1. I will start by saying I am not licensed in CA. That said let me answer your question based on general principals of law.
    You cannot "secretly" tape a person. You however can hold your phone out in the open and announce you are taping your interaction. I typically tell my clients to do this in divorce and child custody cases as it tends to calm situations down.
    Next, one cannot be sexually abused verbally. They can be emotionally abused, but not sexually.
    I suggest you contact an attorney to discuss your situation in detail.

  2. California is a two party consent state. Both parties have to consent. It is illegal to record someone without both his or her knowledge and consent. Some states have a one party consent, or knowledge, but in California it is a two party consent state.

  3. YOu can if you obtained his consent to be recorded

    This response will not create an attorney-client relationship between you and Sarieh Law Offices, and is not intended to serve as a legal advice in your specific circumstances. This response is a legal opinion based solely on facts represented and you should not rely on this legal opinion as a legal advice. You still need to consult an attorney directly to fully protect your legal rights.

  4. You could however file for DV protection, and also request a court order to allow you to secretly tape him. Check with the self-help center at a courthouse nearest to you.

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