What to do about a possibly illegal recording?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do about a possibly illegal recording?
I’m going through divorce and custody battle. My 4 year old son was in his grand mother’s care before we filed for divorce. I suspected child abuse and audio recorded my son’s day with his grandmother and found out that he was being abused emotionally and physically. Now that we are in divorce court, my ex’s attorney is saying that I need to turn in the audio recording to him becasue recording someone is a criminal offense. But I did it because I had a probable cause and i was right. They are trying to get the evidence from me and destroy it. Do I have to turn in the recording to them or are there any loop holes around it. The recording does contain the verbal abuse.
Asked on February 12, 2013 under Criminal Law, California
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Unfortunately, you had no right to legally record that conversation. You will need to find another way to either press charges or use it in divorce court to somehow obtain full custody or a restraining order against the grandmother. This is not probable cause; that is a prosecution/police term. You cannot obtain probable cause. So, contact your attorney and see what can be done to legally turn this over but preserve the underlying fact.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.