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Recording a phone conversation

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 ?

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Attorney answers 4


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

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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.

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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.

James P Brady

James P Brady


There are no federal concerns: The pertinent part of the federal law states: "(d) It shall not be unlawful under this chapter for a person not acting under color of law to intercept a wire, oral, or electronic communication where such person is a party to the communication or where one of the parties to the communication has given prior consent to such interception unless such communication is intercepted for the purpose of committing any criminal or tortious act in violation of the Constitution or laws of the United States or of any State. "

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