Legal Question in Family Law in California
I am involved in a very lengthy custody case. The next hearing "should be" be the last. at the last court date, my ex's lawyer told me that she had recordings of me calling on the phone and harassing her. (which we did get into 1 heated conversation about a year ago, but nothing since.) the court knows about that incident.
My question is, if they are claiming this is a recent thing. can I hear this recording before the next court date? so that I can be prepared for what she is saying? or can her lawyer just present it in court that day?
I guess my question is, if her lawyer says he has specific evidence, am I allowed to hear it / see it before court? or are they just trying to pull my chain?
either way, I just want this to be overwith, but would like to know what the process is regarding evidence in family court.
1 Answer from Attorneys
It is against the law in California to audiotape a telephone conversation without the permission of all the parties to the conversation, or a prior court order in place. If the judge has not signed an order allowing her to tape you and you did not consent to the recording, the recording is inadmissible.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
