Legal Question in Civil Litigation in California

I taped her threat to hurt herself and tell the police I did it.

My ex-girlfriend was getting more violent and threatening so I carried a tape recorder for those times. Sure enough, she wanted more money and threatened to hurt herself and tell the police I did it. I was able to get this on tape. Now she is taking me to s.c. court falsely accusing me of oweing her money. How can I use my taped information to protect myself?


Asked on 9/18/06, 12:38 pm

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: I taped her threat to hurt herself and tell the police I did it.

It depends upon the circumstances. Were you speaking by phone? If not, were the two of you someplace where she had a reasonable expectation of privacy? If either of these is the case, and if (as I presume) you did not have her consent to make the recording, the tape will be inadmissible.

Worse yet, making the tape may well have been a crime. The tape will be admissible against you if you are prosecuted for making it.

You should sit down with a lawyer and discuss the details of your situation before you do anything further in the case.

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Answered on 9/26/06, 5:26 pm
Terry A. Nelson Nelson & Lawless

Re: I taped her threat to hurt herself and tell the police I did it.

You might be able to use it, but only after thorough consultation with an experienced attorney. You don't want to end up in jail for illegal wiretapping. Haven't you seen enought TV shows to understand that it is a crime in most cases if done by private parties without a court order? Feel free to contact me if interested in doing this right.

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Answered on 9/26/06, 7:43 pm


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