Can I secretly record my wife in order to prove her erratic and threatening behavior?
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Can I secretly record my wife in order to prove her erratic and threatening behavior?
My wife has been suffering from depression and is starting to fabricate false stories about me. I’m worried about where this could lead. If I were to record discussions between us showing her increasing unusual and threatening behavior, would this accepted as admissable evidence in a court of law or would this course of action serve to damage my credibility?
Asked on October 9, 2019 under Family Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
No, you may not. CA is what is considered a "two-party consent" state, which should more properly be called an "all-party consent" state: everyone speaking must consent or agree to be recorded, or else the person doing the recording has committed a rather serious crime--the equivalent of wire tapping. This means you cannot secretely record someone in CA, since if the recording is secret, they cannot consent or agree to it.
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