i live in michigan. i am afrain that my ex is recording me on the phone. can he do this...and it be used agains me in court. i have to watch what i say. huh?
2007-01-04 07:21:35 · 14 answers · asked by goodtalkin' 1 in Family & Relationships ➔ Marriage & Divorce
ABSOLUTELY!!! If you get into harsh language and yelling it will show the court probability of you actions meaning that if he says your a psycho and shouldn't have the kids and whatever by him playing a tape it very well could be damaging to you. Criminal court is different then family court or civil court. In criminal court they have to prove beyond a reasonable doubt that you did what they say. IN the others they just simply have to prove that you PROBABLY are like that or did that or whatever. So try not to say anything or leave messages that you wouldnt want a judge to hear!
2007-01-04 07:58:24 · answer #1 · answered by me 3 · 0⤊ 0⤋
It depends on which state you live in....
I was always told that you can legally record your own personal phone calls without telling the person on the other end but you cannot record the phone conversation of two other people without their knowledge.
I would check with a lawyer from your area to be sure.
2007-01-04 15:41:30 · answer #2 · answered by becca 2 · 0⤊ 0⤋
It differs from state to state, but in Texas it is legal to record and use in court, BUT - in the tape you have to let them know they are being recorded. If they don't let you know, and you have no idea you are being recorded, then they CAN'T use it. BUT, again that is the law in Texas. You need to contact an attorney who can give you some free answers over the phone. Ask them, they should know.
2007-01-04 15:29:52 · answer #3 · answered by amyvnsn 5 · 0⤊ 0⤋
Unless he has a court order, it is against the law to record anything and that includes phone calls.
2007-01-04 15:31:12 · answer #4 · answered by Anonymous · 0⤊ 0⤋
I don't know about Michigan but in Texas only one person on the phone must be aware that the conversation is being recorded and yes it is admissable in the courtroom...but of course, we are our own world down here in TEXAS...I guess i would proceed on the side of caution
2007-01-04 16:10:18 · answer #5 · answered by sunbun 6 · 0⤊ 0⤋
Whether this is admissable evidence depends on state DOMESTIC law...it is not legal for a company or representitives of a company, or a government entity to record you without your permission.....I believe it is possible to check online regarding this as I believe that all states laws are available online...I would either do that, or give a quick call to your divorce attorney (I am assuming that you have one, as you have called you "ex" and ex)....were I you I would be very careful about what I said to him anyway...good luck and please keep researching this for your own piece of mind and protection
2007-01-04 15:31:02 · answer #6 · answered by justwingit 2 · 0⤊ 0⤋
If these conversations were recorded without your knowledge, they will be thrown out if he tries to use them in court. If he does, tell your lawyer. On the tape he has to ask you if it's aware you're being recorded, if it's not on there....it's thrown out.
2007-01-04 15:26:40 · answer #7 · answered by James Dean 5 · 0⤊ 0⤋
No it is not suppose to be legal. That is why when you call businesses a recording states that this call may be monitored.
2007-01-04 15:24:11 · answer #8 · answered by LOLO W 3 · 0⤊ 0⤋
in my state as long as one party to the conversation is aware that it is being recorded, it is perfectly legal. this has been used as a deciding tool in many legal decisions.
2007-01-04 15:31:24 · answer #9 · answered by Wildflower 3 · 0⤊ 0⤋
Yes, and you have probably already spoken damaging words!
2007-01-04 15:24:39 · answer #10 · answered by AnnieD 4 · 0⤊ 0⤋