Legal Question in Family Law in Texas

Taping Phone Conversations

Dear Sirs,

I would like to know if there is any thing that can be done about the Taping of Phone conversations across state lines. My husbands ex-wife, who lives in Iowa and he lives in Texas, is taping every phone call that is made between herself and him and between his children and himself. My husbands 10 year old son told him about it this past Christmas. He has never given his consent to have this done, and she has never advised him that she has been doing it. This is becoming a form of harassment from her, calling and trying to get him to say things to her so that she has it on tape. After a phone conversation with her last night she said ''Thank you for saying that I just got that on tape, a Judge will love what you just said!'' This was the first time that she has admitted that she taped conversations. She tapes and listens even when the call is not between herself and him. She is threatening him with these tapes that she has made, stating that she is going to play them for people, going to take him back to court and use these tapes against him.

We are wanting to know if there are legal actions that can be taken against her for this.


Asked on 5/28/02, 1:12 pm

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

Re: Taping Phone Conversations

To the best of my knowledge, each state controls their own laws regarding taping of conversations.

I believe Texas allows a person to tape any phone conversation that they are a party to. However, you cannot put a recorder on a phone line and record all phone conversations coming into the house.

Therefore, you need to check into the laws of Iowa.

My advice, therefore, is ALWAYS assume that she is taping all conversations!

Good luck!

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Answered on 5/28/02, 6:55 pm


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