Recording a phone conversation

Asked over 1 year ago - Valhalla, NY

Is it illegal to record a phone voice conversation?my wife and i and going through divorce and earlier she filed a restraining order,we have a 3 year old son . whenever i call her to talk to my son she use that against me, so someone recommended recording a voice. she lives in NY and I live in NJ. what are the laws ?

Attorney answers (4)

  1. David Ivan Bliven

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . So long as she is taping a conversation she is a party to, it is not illegal. Moreover, she does not even need to disclose that she's taping the conversation. That, said you may wish to double-check with a NJ criminal law attorney (as perhaps the laws are different in NJ). For a full assessment of the situation, you should schedule a consultation with a Westchester Divorce attorney.

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  2. Eric Edward Rothstein

    Contributor Level 20

    Answered . NY is a one-party consent state. I suggest you post on Avvo's NJ section to see what its law is.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was... more
  3. Jayson Lutzky

    Pro

    Contributor Level 20

    Answered . If the recording is done interstate, then it is a question of Federal wiretapping statute. Also a question of NJ law. Post under NJ section. Consult with your lawyer about the wording of your agreement regarding uninterrupted and unmonitored communication with your child.

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate... more
  4. James P Brady

    Contributor Level 14

    Answered . Both NY (per the other lawyers) and NJ are one party consent states. Either party can record the conversation. The consent or knowledge of the non-recording party is not required.

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