Secretly recording conversations..?

Question

I live in massachusetts, my husband is controlling and i want to lave him soon. For long reasons im in fear of losing my son and home to my husband in the divorce, his father can hire a good lawyer, i an not. If i recorded all the abuse verbla and physical on a voice recorder with out his knowledge, is it legal?

R has a great personality and can 'fool' people into thinking he is a sweet guy, no one in my family believed the storys till i played some tape.

Answer 1

I would NOT recommend surreptitious vocal recordings in a place where privacy is expected. There are Federal and Massachusetts laws against that.

Answer 2

At a time when you are not with your husband, call the police or a crisis hotline in your area and tell them what is going on.

They know that LOTS of times, abusive husbands can be charming to the outside world. That's a pretty typical thing about abusers. Since they would know that, that wouldn't get in the way like it might with friends or family.

They can also help you find out what to do next.

You probably can't tape conversations without his knowledge. You could ask, though, if you can tape conversations with him outside of your home (within the home, it's sometimes illegal to, but outside a person's home, it's legal). Also, it may be legal to use the tape to prove yourself, but not in court (meaning, you can use it to show the cops and your family what's going on, but it can't ever be admitted into evidence). If that's the case, it would be something like you play the tape for the cops, and they use it as a part of your complaint to start investigations. In court, the tape may not be submitted, but your version of what's happened would be, and that would be enough to justify an investigation, where they could ask around to other people, or check out hospital records or police reports, if there have ever been any.

Regardless, please call a domestic abuse hotline. The people there are professionals who can help you with counseling, finding a lawyer, even possibly providing temporary housing.

Between you, the cops, a domestic abuse specialist, and supporting family and friends, if you can prove he's abusive, no lawyer (even expensive ones) has much of a chance of getting your son taken from you.

Best of luck to you, honey.


EDITED: I heard of a case once where a video tape was legal when someone didn't know it was going, but the sound was not. You may want to look into that. Just make sure you're not recording sound, and THAT video recording could be usable. Ask the cops or your lawyer.

Answer 3

I'd advise you speak with an attorney about this. You might be on better ground if you had video with the audio, with a planted camcorder. Failing that, you can at least shut him up or make him face the consequences by keeping a pocket recorder handy, pulling it out, turning it on, and annoucing the time and date. Your best defense against him is that he is a psychopath. It's becoming more of an issue since it was defined by Robert D. Hare (PhD) who wrote a book I highly recommend, "Without Conscience--the Disturbing World of the Psychopaths Among Us". I wish you luck; these are horrible people. They can do what they do because they truly have neither conscience nor feelings, and yet they have learned how to act and pass as normal people.

Answer 4

LISTEN TO THIS!!! The unaware recordings will do you no good with the matter between you and him. I know this for a fact, because my mother did it with my stepfather. BUT!!!! The recordings WILL help you in other ways. You can, over the time of these recordings, build a case on verbal abuse and child neglect, as well as his creation of a threatening and unsafe house hold for the child. That is the lesson my stepfather learned!!!

Don't miss understand this though, the recordings may not be used in a court, but the recordings CAN be listened to by the county Prosecutor, who then can file charges. These 'charges' don't have to acted on, but the 'charges' can then be used as admissible evidence for a dissolution of marriage and protection for you and the child!

Answer 5

Recordings really can't be used in court (depending on which state you live in.) unless the person you're recording knows and accknowledges that you're recording what's going on. Although it won't hold up in court, it might help. It's a long shot. Get witnesses. And report every physical abuse to the police. No matter how little the abuse.

Answer 6

Massachusetts is NOT a state where you can secretly record a conversation without both parties knowing. It's against the law. However, if he leaves these messages on your answer machine, you're fine.

If you record him and have the recording machine out in the open, you're fine, but he may get angry about that.

http://www.rcfp.org/handbook/c03p01.html

Answer 7

Technically it's legal to tape someone in public or in your own home, in their home, it might be a fuzzy issue. You need to talk to child protective services and ask them to setup undercover surveillance/sting operation, playing said tape you apparently already have (I would make a copy of all tapes and have someone you truct hang onto them) to that agency should convince them they need to look into this situation. Good luck.

Answer 8

I have always heard that you can't tape a person without them knowing about it. If you did they probably would not consider it admissable in court. Good luck in this matter.

Answer 9

as long as you are in the room and part of the conversation it is legal. you can't turn on a recorder and leave the room or house. hope this helps.

Answer 10

I would think it would be legal.... I'm don't really know much about that subject though. I think if you're an officer of the law you need to use Miranda rights etc. I can ask my criminal justice prof.