Legal Question in Criminal Law in California

Wow. Your ex-wife getting arrested for DV could well be a dream come true for you in what must be an ongoing and bitter custody case. Yes, the video could well be admissible in her criminal case as well as in the custody case. You would have to testify that it was you that videotaped the occurrences, the date, time, place, etc. This is called "laying a foundation" for introducing the video as evidence. Make lots of copies onto DVD. Have someone else who is not involved in the situation look at the video to make sure there isn't anything that could get -you- in trouble. If this other person is a lawyer, your conversation will be under attorney-client privilege.

Mr. Stone is right, provided that your wife knew you were making the video. If you recorded her surreptitiously, the recording might not be admissible either in your custody battle or in any domestic violence prosecution against her. (I say "might" because it is not clear whether this rule applies to everything recorded or only to communication. Under the latter view, the recording could be used as evidence of violence but not as evidence of what was said.) What's more, the act of secretly making the recording was probably a crime. The recording would be admissible against you if you are prosecuted for making it.