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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

Posted

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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Asker

Posted

What earth are you on? Anyone can be verbally abuse! He has no right talk about sex to me! We are both in marriages now and I should not have to hear anything from his mouth unless it includes our child!

Posted

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.

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Asker

Posted

I know over the phone is illegal, but face to face too?

Laurie Peters

Laurie Peters

Posted

Yes.

Posted

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.

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Posted

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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