When my daughter and I talk on the phone, my ex wife records our conversation, I had no knowledge until my daughter told me her mom has hundreds of tapes.
2007-08-19 05:19:10 · 10 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
No it is illegal, you should an try to get a hold of one of the tapes, then either nail her in custody or even a civil suit
In general the federal law says at least one party to the conversation may recoded, unless state law says both parties must be notified
In this case since your ex was not a party to the conversation she has no legal leg to stand on, but you need to try and get proof, or email to admit the crime
2007-08-19 05:35:27 · answer #1 · answered by goz1111 7 · 0⤊ 0⤋
If you can make sure that this is true. If you are having some sort of custody/support issues and you lodge a complaint it could look bad for you if it is not true. Consider if your wife might be coaching the daughter to speak about certain topics. After hundreds why tell you now? Only you know the details and circumstances.
But if you are reasonably sure you need to do it without warning. Your ex has to be doing this for some reason so best to attack the whole issue first. Who knows what she is up to?
If your daughter is old enough and understands the whole "tell the truth and the whole truth" thing in court you would have a case. Even if you don't have her charged this would make the ex look bad in court as this is not normal.
This is definately not legal. It is only legal to record people if you inform them that they are being recorded. Think of this..... when you call a bank or tech support they say "this call may be recorded for quality assurance". They have to legally inform you. And with your ex she is actually a third party so then you are getting into eavesdropping land. So it is unlikely the tapes would be admissable in court.
Talk to a lawyer because she is up to something.
2007-08-19 06:03:30 · answer #2 · answered by jackson 7 · 0⤊ 0⤋
It's no more legal for her to do that than anyone. Know how you hear on the phone this conversation may be recorded? They have to make it know that they will be recording your conversation. You had no knowledge that your wife was recording. It's like opening your mail, it's no ones business but your own! That is also illegal. throw away the tapes if you have something to hide, then again if you did she knows now!
2007-08-19 05:31:15 · answer #3 · answered by Ashtol 4 · 0⤊ 0⤋
From what I understand she has to notify you that you're being recorded. If not, this is considered illegal wiretapping and is a felony if I'm not mistaken. But since the Bush Administration has weakened that law, she might be able to get away with it. Remember in the Monica Lewinsky case, the friend that taped her, Linda Tripp was indicted by the state of Maryland for illegal wiretapping but the case was eventually dropped. Each state has it's on laws regarding the matter, check with your state.
2007-08-19 05:37:32 · answer #4 · answered by Black I 2 · 0⤊ 0⤋
Though there is no particular law against recording phone calls, there are laws that prevent these recordings use in legal matters. The answer is that yes, your ex can, and apparently does record your conversations, but she would not easily be able to use those recordings against you in court.
2007-08-19 05:29:38 · answer #5 · answered by fangtaiyang 7 · 1⤊ 0⤋
check with the county and state where you live. hopefully, it will be very illegal and you can call the cops on her. she must be pretty nosy or still loves you. get a whistle and have your daughter put her end of the phone down and then blow on it real hard. your ex will have sore ears for awhile but maybe will learn that it is not nice to record private conversations between you and your daughter.
2007-08-19 05:30:07 · answer #6 · answered by koifishlady 4 · 0⤊ 0⤋
I would call an attorney and ask-are you having custody issues? Sounds like she's trying to trap you in the interest of 'protecting' her daughter. I don't believe its legal to tape someone without their permission.
2007-08-19 05:29:20 · answer #7 · answered by Sophiesmama 6 · 0⤊ 0⤋
She is taping into your privacy. It is not illegal to record but it will be illegal to sell or publicise such recordings without your consent.
2007-08-19 05:46:34 · answer #8 · answered by pattan 2 · 0⤊ 0⤋
If you did not give her permission to tape you - I think it is illegal. I really don't know for sure.
2007-08-19 05:34:06 · answer #9 · answered by Anonymous · 0⤊ 0⤋
No it is not legal. You need to report her to the police, and FBI, immediately.
2007-08-19 05:28:48 · answer #10 · answered by Anonymous · 0⤊ 0⤋