can i record a telephone call in california,without the other person knowing?what does the law say?

Question

i am going through a case where the mother of my daughter wont let me see her....im trying to get a child visitation order but i cant because i was told that i needed to clear my child support case before i can obtain a child visitation order...i've done all that i can with the child support case they just tell me to keep on waiting until i get my court date and even after all that is cleared i still have to wait a pretty long time before i can get my visitation order??all i want is to see my daughter because she is a baby and i really wouldnt like for her to forget me....what i am trying to do is to record all of the conversations between the mother and i so that when i go to court i can let them know what really has been going on because i am pretty sure that she is going to be making up all kinds of things in there....anyways am i allowed to do that by law???im in california?anybody have any advice ireally need it

Answer 1

You can, and play it for yourself all you want, but I don't think state law likes you doing so without consent without a court order.

Answer 2

chslaw is correct as always. I would add two things, though: In some cases where a plaintiff has a restraining order against the defendant in a domestic violence or child abuse case, judges excuse the requirement for the two-party consent law, and you would be allowed to record both sides of a conversation without notifying the other party. Because you capitalized MY OWN like that, I'm wondering if you're talking about recording just your side of the conversation. In other words, if you're talking about just turning on a tape recorder while you're on the phone and recording only what YOU are saying. If that's what you're asking, yes - you absolutely can do that. It's not especially useful, because I could turn on a tape recorder and record my side of a phone call with space aliens but it doesn't mean I really talked to space aliens.

Answer 3

It is against the law in California to record any conversation with out the other person's concent.

I recommend emails than phone calls. Emails are invalid in the law due to it is concent of willingness to type and send to the reciever (you).

Places that record conversations, you hear on the line "This call may be monitored or recorded" and that gives the person the chance to either not accept it and hang up or to go through the phone call (which gives concent).

I took my Criminal Law course a few years ago (California). One of the guys in my class was recording the lectures on his hand held voice recorder. When our professor saw that, she told him that was illegal. She didn't mind him taking lecture notes by voice, but she said she is to be asked first.

"12 states require, under most circumstances, the consent of all parties to a conversation. Those jurisdictions are California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania and Washington.

It is illegal under all jurisdictions to record calls in which one is not a party."

http://www.callcorder.com/phone-recording-law-america.htm

You can also look it up on our California Penal Code as well.

"Although California is a two-party state, it is also legal to record a conversation if you include a beep on the recorder and for the parties to hear. This information was included with my telephone bill.

California prohibits telephone monitoring or recording, including the use of information obtained through interception unless all parties to the conversation consent (California Penal Code Sections 631 & 632)."

Do emails now. That will help a lot in court documents of conversations and catching lies; however, don't let her know your intentions. Also, remember that it all depends on the judge and the D.A of whether your documents warrent what is best for the child. You two can't get your acts together would equal the judge to see you both unfit or sadly, feel one is more fit than the other. All depends on how you act in court.

As far as seeing your daughter, you need to get a lawyer. You have to keep "on top" of it.

Answer 4

It sounds like you're in a bit of a mess. First and foremost if your daughter is a baby she won't forget you because she doesn't have much of a memory at this point. So, it's not that your upset she will forget you, I think it might be the other way around. You're upset you can't see her.

Second is that you should try email or something in writing. Writing is always the prefered way to prove a claim in court. The best advice though, is to get a lawyer, because if you are serious about seeing your daughter, you'll need one.

Answer 5

You can record phone calls as long as you inform the person that you are recording. Some states allow you do record without notice but California is very liberal and its probably illegal there to do it without out informing the other person. I live in Maryland, another liberal state, and it's illegal here. Go for it...just say, " I'm recording this call" when she picks up. She may forget later in the conversation and say something you can use. Or she may think you are bluffing and are not really recording.

Answer 6

Under the law, both parties must be aware that a phone converstaion is being recorded for it to be admissable in criminal court proceedings. In tort (civil) law there is more leeway. Also, you can as a general rule record ALL of your phone calls, that way you are not recording select calls. This also helps it be admissable in civil court. When I went thru my divirce, you bet your life I recorded every call from my soon to be ex. Good thing I did too. Saved my tail in court when she lied. I had every call transcribed to paper, and kept each recording as well.

Answer 7

Yes you can, but ... it's VERY illegal. Don't do it. That is something that you can very easily end up in jail for. If they leave a message for you, then that is different because they knew they were being recorded (who was it who just did that in Hollywood recently?). Also, you can do it if the other party knows you are recording them.

But, while the technology exists to record all of your phone messages and phone calls, it is not legal to do without someones consent, and unlike the person above, it doesn't matter who calls whom.

Answer 8

You need a lawyer. I suggest you use email to contact the mother so you have a record.
From what I understand, you cannot use recorded conversations as evidence- except in Oregon, but perhaps if you recorded them, you can then transcribe everything that was said, with dates, times, and details.

Answer 9

You can record the call. But if you want it to be legally admissible in court or any other law procedure, you must tell them that they are being recorded at the beginning of the call.

Answer 10

As long as you are a party to the call that you are recording -- then it is legal. Only when you tape a conversation that you are not party to (like 2 other people talking) then it would be a problem.