My partner has made the claim that I abuse her and I would like to record our home so that if she does make the claim again I would be able to refute those accusations. It wouldn't be used for blackmail just a way to prove my side of the story.
2007-01-01 01:03:19 · 18 answers · asked by Edward 2 in Politics & Government ➔ Law & Ethics
No matter what people say, Yes, you can record someone without their knowledge. The biggest line on your statement is "in our home". Since this is your home, you have the right to record everything that goes on there, including her. While our reasonble expectation to privacy is highest when we are in our homes, if more than one person lives in the home, it isn't as high as if you lived alone. The police would even be able to record everything in your home without her knowledge. Since you both are in the home, only one person must give consent for taps, surveillance equipment, etc. If the other one in the home doesn't know, it does not matter.
2007-01-01 01:22:44 · answer #1 · answered by ? 5 · 0⤊ 0⤋
What State are you located in?
It is NOT illegal to record by a Video device without someone's permission, Esspecially if it is within or around Your own Home...
However, most states have a laws in place that Prohibits any type of Audio tape recordings of someone over the PHONE without getting their permission first. Thats why most companies standard phone services let you know they are recording and it may be used for the perposs of quiality or training services.
Several States still DO Allow one person to Audio record another person and can be done in person by either; the device being out in the open or hidden - recording any person, while in any Public or Publicly Used Place - with-out haveing to get that other persons permission first.
But IT Will DEPEND ON the State You are Located in?
Note Exception: some Court house's or courtrooms....
Check the web site I am sending for more accurate information.
2007-01-01 04:49:40 · answer #2 · answered by Jopa 2 · 0⤊ 0⤋
Yes it is highly illegal. All you have to do is tell her you are recording things and it would be legal. I'm hoping she is accusing you of verbal abuse if it would take a tape to prove your side. Either that or you should get her checked into a mental hospital if she is causing physical abuse and saying it was you. Perhaps though, based on your question, the simplest answer is right. That she is right and you ARE abusive. It is an old trick of abusers to blame the victim.
Oh and to those who don't understand it you can't use the tapes. So she won't have to admit she wasn't being abused. The tapes would be illegal and couldn't be used in court. Heck if you tried to show them to police you would be arrested.
2007-01-01 01:16:17 · answer #3 · answered by Anonymous · 0⤊ 0⤋
I believe that the law on this varies from state to state. For most phone call taping, for example, only one party needs to be aware, but the ideal situation is to have both parties aware - and that beeping noise when you call most places (credit card company, utility, whatever) is to alert you that they're doing it ("for quality control and training purposes"....).
Having said that, I think that if you're just trying to prove that you're not abusing her, then you should say something about it to her, and then do it. You're not a police officer so you're not bound by the same rules and regulations that they would be, and if you get yourself on tape saying it and she doesn't specifically say no, then you might be ok. Of course, it wouldn't help the police if they had to get permission from the criminals to record the conversations, would it?
Regardless, it's better to have the evidence and not need it than to need it and not have it. You could even go so far as a "nanny-cam" - a teddy bear with a cam corder built in. Just remember that you're taping everything, so don't go and do something stupid that might come back to haunt you.....
2007-01-01 01:17:06 · answer #4 · answered by MacGeek 2 · 0⤊ 0⤋
It depends what state you are in and sometimes you must inform them that they are being recorded. Answering machines and voicemails are exempt of course. I would record her legal or not and save the tape just like you said. Good luck. Answer me this, is she going to say that you don't abuse her on the tape and admit to lying? Anything less than that won't prove anything.
2007-01-01 01:10:27 · answer #5 · answered by e e 2 · 0⤊ 0⤋
I was going through my divorce and my lawyer told me to record every conversation. I told my ex that i would record every conversation. Now the divorce is finalized but we do have a back and forth battle with custody modifications. I am looking in to becoming the custodial parent...can i still record the conversations between him and I or can i record the conversations between him and our minor child?
2015-02-28 06:31:32 · answer #6 · answered by Glenne 1 · 0⤊ 0⤋
Absent a court order, obtainable only upon presentation of reliable evidence that doing so will be of overriding importance towards maintaining public order, taping your wife without her knowledge or consent can bring you as much trouble as you're hoping to prevent: the very act of recording itself can be used as evidence of abuse by you.
2007-01-01 01:09:35 · answer #7 · answered by Anonymous · 3⤊ 0⤋
I would be hitting the happy trail, so to speak, if your partner was accusing you of such a thing and it not be true. A shame that in a relationship you have to keep your butt covered. Move on.
2007-01-01 01:11:34 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Just tell her that everything is recorded inside the house all the time then you are in the clear.
2007-01-01 01:07:51 · answer #9 · answered by Bill 6 · 1⤊ 0⤋
People also need to understand physical is not the only form of abuse.
2014-04-19 12:23:44 · answer #10 · answered by binaryboy88 2 · 0⤊ 0⤋