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Is it legal to record personal conversations in CA and what do I do about it? I am sure my ex and family are doing it to me...
San Francisco, CA
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Posted 6 months ago in General Practice
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About 6 weeks ago, my soon to be ex's father came to my house to retrieve some of my husbands personal belongings. I had an off duty police officer there as a witness for me. He left, then came back to the house looking for more stuff.
I told his father that he got all he was getting and closed the door. The father turned to the officer and asked him to be his witness, the officer did not reply and his father said "It's OK, it's all on tape" At first, I was not too worried about it, didn't say or do anything wrong. But looking at arguments my ex and I have had recently about custody of our 2 year daughter I think he was recording them too and will use it against me. I have threatened to try to get 100% custody and make the divorce painful for him, etc... Are recordings legal in CA?
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does that apply to all conversations? or only on the phone? Answers (3)
John M. Kaman
This attorney is licensed in California.
Posted 6 months ago.
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It is not legal to record a conversation in CA unless all parties give their consent. The tape is worthless in court and may get him charged with a crime.
Alan James Brinkmeier
This attorney is licensed in Illinois.
Posted 6 months ago.
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California's Invasion of Privacy Act prohibits the recording of "confidential communications" unless all parties to the conversation consent.
See my Legal Guide Recording Conversations in Illinois http://www.avvo.com/legal-guides/ugc/recording-conversations-in-illinois You need a lawyer because I do not practice in CA (I am in Chicago, IL). Check with a lawyer in your locale to discuss more of the details. Good luck to you. Again, check with a lawyer in your locale. NOTE: This answer is made available by the lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney with whom you have established an attorney client relationship and all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question. 
Robin Mashal
This attorney is licensed in California.
Posted 6 months ago.
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Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.
Mr. Kaman and Mr. Brinkmeier are correct. Also, be careful what messages you may leave on another person's answering machines, because there you are consenting to your voice being recorded. You should immediately consult your own attorney to protect your legal rights |
