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  1. #1
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    Dec 2016
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    Default Is it Legal to Record Conversations Between a Parent and Child

    My question involves child abuse or neglect in the State of: New Jersey

    My soon to be ex-wife is emotionally abusive to me and my daughter and for evidence I have been recording conversations. I know NJ is a one-party consent state and I'm in the house for all of the recordings. Even if I'm not participating in the conversation, am I considered a party? I want to make sure what I'm doing is legal. In some conversations I am involved and talking so I would think I pass the "party in the conversation" test.

    I plan to talk to a lawyer soon but if I should change how I'm recording for it to be a) legal and b) admissible in court I'd appreciate the help.

  2. #2
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    Oct 2014
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    Default Re: Is it Legal to Record Conversations Between a Stepparent and Stepchild

    Quote Quoting nj1234
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    My question involves child abuse or neglect in the State of: New Jersey

    Even if I'm not participating in the conversation, am I considered a party? I want to make sure what I'm doing is legal.
    If you are not participating in the conversation then you are not a party to that conversation. Recording those conversations are criminal violations of both NJ and federal law. Moreover, in NJ disclosure of an illegally made recording of a conversation is an additional offense. Illegal recordings are not admissible as evidence. I suggest you stop recording private conversations to which you are not a participant and do not have the explicit consent of the one participants to make the recording.

    As to the admissibility of legally obtained recordings, that will depend on the content of the recording and whether the proper foundation can be laid to get it admitted.

  3. #3
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    Default Re: Is it Legal to Record Conversations Between a Stepparent and Stepchild

    Quote Quoting Taxing Matters
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    If you are not participating in the conversation then you are not a party to that conversation. Recording those conversations are criminal violations of both NJ and federal law. Moreover, in NJ disclosure of an illegally made recording of a conversation is an additional offense. Illegal recordings are not admissible as evidence. I suggest you stop recording private conversations to which you are not a participant and do not have the explicit consent of the one participants to make the recording.

    As to the admissibility of legally obtained recordings, that will depend on the content of the recording and whether the proper foundation can be laid to get it admitted.
    Ok. Does me just merely talking establish participation or must there be active dialogue / acknowledgement between two or more people?

  4. #4
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    Default Re: Is it Legal to Record Conversations Between a Stepparent and Stepchild

    Quote Quoting nj1234
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    Ok. Does me just merely talking establish participation or must there be active dialogue / acknowledgement between two or more people?
    How are you talking but not actually a part of the conversation? Being a party to the conversation means you are one of the people participating in the conversation — i.e. you are part of the group having the conversation. If you are talking on the phone in the next room then you are not a party to the conversation. The situation has to be such that the typical person would consider you to be part of the conversation that is taking place. Trying to find some loophole to record a conversation between others that does not involve you could come back to bite you. You don’t want to try introducing a recording that turns out to be illegally recorded in court. Not only would the recording not be allowed as evidence, you’d risk criminal prosecution for having made the recordings. I think you know when you are included in a conversation and when you are not. If the others would not regard you as a participant in the conversation, you have a problem.

  5. #5
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    Dec 2016
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    Default Re: Is it Legal to Record Conversations Between a Stepparent and Stepchild

    Quote Quoting Taxing Matters
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    How are you talking but not actually a part of the conversation? Being a party to the conversation means you are one of the people participating in the conversation — i.e. you are part of the group having the conversation. If you are talking on the phone in the next room then you are not a party to the conversation. The situation has to be such that the typical person would consider you to be part of the conversation that is taking place. Trying to find some loophole to record a conversation between others that does not involve you could come back to bite you. You don’t want to try introducing a recording that turns out to be illegally recorded in court. Not only would the recording not be allowed as evidence, you’d risk criminal prosecution for having made the recordings. I think you know when you are included in a conversation and when you are not. If the others would not regard you as a participant in the conversation, you have a problem.
    Totally understand on the severity. I read the news article on the Kentucky woman that was prosecuted with felony charges recording her care giver and special needs child. My situation is one where the initial abusive dialogue is between my wife and daughter, so my reaction is to engage in the conversation and record. But, for cases where I don't engage I can see where that won't make me a participant. Either way I'll consult my lawyer about admissibility. Thank you!

  6. #6
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    Default Re: Is it Legal to Record Conversations Between a Stepparent and Stepchild

    Quote Quoting nj1234
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    Totally understand on the severity. I read the news article on the Kentucky woman that was prosecuted with felony charges recording her care giver and special needs child. My situation is one where the initial abusive dialogue is between my wife and daughter, so my reaction is to engage in the conversation and record. But, for cases where I don't engage I can see where that won't make me a participant. Either way I'll consult my lawyer about admissibility. Thank you!
    If you enter the conversation after you are already recording to try and backdoor legality, you're going to have a bad time.

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