Family Law

Asked 3 months ago - Los Angeles, CA

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. Laurie Peters

    Pro

    Contributor Level 11

    2

    Lawyers agree

    Answered . 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.

  2. Wail Sarieh

    Pro

    Contributor Level 17

    2

    Lawyers agree

    Answered . 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... more
  3. Judith Ann Routledge

    Contributor Level 13

    1

    Lawyer agrees

    Answered . 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.

  4. Joshua O Balter

    Contributor Level 10

    2

    Lawyers agree

    Answered . 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.

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