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Can I record an assault and battery on my property if I do not have consent of the other party in California?

Walnut Creek, CA |

I recorded via my iphone my husband's ex wife commiting assault and battery while I was in my home at the front door and she was on my doorstep. I did not ask for her consent. I need to use the evidence in court for a restraining order. Can I just bring it to my hearing?

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Attorney answers 2


You can, but it might be a good idea to speak with counsel first.


The general rule is that you can record things that happen in public, especially things that happen on your property. Courts have rules for introducing this type of evidence. You are better off having a lawyer help you. Or, find out the rule in advance.

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