Legal Question in Family Law in Alabama

Verbal Abuse

I need to know if it is against the law for a person to record a in person conversation between a husband and wife, when the wife knows about the recording. The husband is strongly verbaly abusing the wife, and cusses and verbaly abuses the kids. The wife is trying to figure out how to leave. She has family in another state, but he tells her she can not take his kids. He doesn't even want them. His grandparents have money and he would only take the kids because thats the way his family was raised. She needs to know if she can record his verbal abuse and use it to get sole custody if it comes to that.

Asked on 4/15/04, 10:43 am

1 Answer from Attorneys

Robert Kreitlein Robert Kreitlein, Attorney at Law
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Re: Verbal Abuse

As long as one party to the conversation consents to the recording, it is not illegal. In Alabama, it's only illegal to record a conversation or phone call if none of the parties to the conversation are aware of it. There are some states where every party to the conversation must be aware of it but AL is not one of them.

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Answered on 4/16/04, 1:00 pm

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