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Is Tape Recording Verbal Abuse Illegal

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  • 05-16-2008, 09:27 AM
    GoodDad1
    Is Tape Recording Verbal Abuse Illegal
    California

    Hello,
    I am a Father with a 4 yr old daughter with ex girlfriend. I have joint legal custody with visitation.
    We have a court agreement that states... parents are not to make any foul or negative comments to other parent in front of child.
    I drop off my daughter every sunday with her mother. However, 3 times out of 5 the mother is likely to get upset about something and totally curse me out in front of my daughter without any regard for our child being present. She call me anything from a fu*king a**hole, fu*king loser, she'll make dirty comments about my present wife. All this while my daughter is present and listening. I've told mother time and time again, to please stop speaking this way in front of our daughter. Mother simply does not care what daughter hears.

    So, I'd like to carry a mini tape recorder on my person to record our conversations every time I am in the mothers physical presence.

    Question is: Do I need her consent to record her? If I do record her and I do in fact have evidence of her verbal abuse, may I present this in court?
  • 05-17-2008, 05:51 AM
    LawResearcherMissy
    Re: Tape Recording Verbal Abuse. Illegal?
    Quote:

    Quoting GoodDad1
    View Post
    Question is: Do I need her consent to record her?

    Yes. California requires the consent of all parties for recording.
  • 05-17-2008, 07:00 AM
    aaron
    Re: Tape Recording Verbal Abuse. Illegal?
    The statutes are here, starting at Penal Code Sec. 622. There is this exception, although it's not implicated by what you have written so far:
    Quote:

    Quoting California Penal Code, Sec. 633.6.
    (a) Notwithstanding the provisions of this chapter, and in accordance with federal law, upon the request of a victim of domestic violence who is seeking a domestic violence restraining order, a judge issuing the order may include a provision in the order that permits the victim to record any prohibited communication made to him or her by the perpetrator.

    (b) The Judicial Council shall amend its domestic violence prevention application and order forms to incorporate the provisions of this section.

    As you appear to be considering custody litigation, I suggest consulting a family lawyer.
  • 05-19-2008, 05:00 PM
    GoodDad1
    Re: Is Tape Recording Verbal Abuse Illegal
    Thank you for the information.
  • 12-29-2008, 06:31 PM
    newgranddad
    Re: Is Tape Recording Verbal Abuse Illegal
    My daughter constantly verbally abuses my 4year old grandson. The F word seems to be her adjective of choice. she yells at him to do things, like Get my f-in pocketbook, or clean up your f-in toys. I drives my wife and I crazy and we wind up yelling at her. Then my grandson starts yelling at us to stop yelling! And my daughter will swear that she never yells or curses at her son. I often hear of it from my younger daughter. So I'm thinking of installing nanny cams around my home to record her behavior and use them to confront her so she can't deny her actions. I'm genuinely afraid for my Grandson's future mental health. He is beginning to exhibit anger episodes. Anyway, would these recordings be allowed to be presented in a family court hearing in the State of New Jersey?
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