Legal Question in Family Law in California

Re: Intercepted Communications

yes, according to california law, all parties privy to a "confidential communication" would need consent to intercept, record or eavesdrop. without such consent, criminal penalties can be imposed, as well as civil damages of $5000 or more can be assessed. if you would like further assistance in this area, feel free to email me directly with your case facts and how you are looking to proceed.

Reply: Intercepted Communications

I believe so but I am not posative. I suggest that you check with someone who is is on the civil litigation and or federal side instead of family law.

Good luck to you!

Brian Levy, Esq.

www.calattorney.net

Re: Intercepted Communications

The answer would depend on what you mean by intercepted. California penal code probhibits the recording a a conversation unless all parties are aware that the conversation is being recorded. There are exceptions to this law.

There are federal laws which prohibit wire tapping. That is connecting to the telephone system in such a manner as to hear the calls being made on a telephone.

In the area of cordless telephones the law is not clear. Many of these telephone calls can be heard by tuning a radio to the appropriate frquency and listening.

You need to discuss the facts of your case with an attorney.

Re: Intercepted Communications

Dear Inquirer:

Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.

If you haven't already done so, please visit my

web site at --

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

The answer is "probably" for either criminal prosecution and/or civil damages. It would depend on how and under what circumstances the communications were "intercepted."

Thanks for sharing your interesting inquiry with us on LawGuru, and good luck with your case.