My soon-to-be ex husband and I argued the other day (we seldon talk), he knows I was recording our conversation and I know he was recording also.
He has been talking horrible things about me to his family/friends. I want to clear my name and share the recording where he admitted to all the things he is doing to hurt me and affect me financially, emotionally,etc
Would I get in trouble with the law if I do that.?
Perhaps, but you can expect him to deny he knew he was being recorded and that he was recording.
Robert D. Kane, Jr. Esq. Licensed in CALIFORNIA (based in City of Orange, Orange County;) and MINNESOTA (based in Eagan, Dakota County.) State and Federal Courts My answers are for general information only and not legal advice. My answers should not be relied on as specific legal advice. Much more information would most likely be needed for a legal opinion. My answers are based on Minnesota or California law as appropriate. I am only licensed in California and Minnesota. I provide legal advice and counsel during the course of an attorney-client relationship only. This relationship is established by a written agreement and a retainer (unless otherwise agreed upon.)
Depends. Penal Code 632 makes it a crime to record or eavesdrop on someone discussing confidential information. California is a "consent" state and it is not a crime if the recorded party gives their consent. If there are multiple parties to a conversation, recording requires all of their consent before you can record. A recording without consent may also be admissible in court and not a crime if the recording party is a party to a conversation and they are recording solely to gather evidence of a crime (such as bribery, extortion, or domestic violence).
Thus, it can be a crime to record your spouse without their consent or knowledge in some situations and the recording party can be fined up to $2,500 and serve up to a year in county jail. A recording party may also face similar criminal charges of wiretapping (Penal Code 631), Invasion of Privacy (Penal Code 647(j), or Peeking while Loitering (Penal Code 647(i).
Also, per Penal Code 637.2 there are civil remedies for victims of recording, including the right to bring a civil suit for damages up to 3 times the amount of damages suffered or $5,000, whichever is greater.
I would consult with a local attorney to discuss the circumstances of your recordings.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline