Legal Question in Family Law in California
Can a judge throw out an incriminating tape?
My friend has a tape which shows his wife committing adultery. She didn't know she was being taped but the incident occured in his house. He wants to show the tape as evidence in court. Can the judge throw out the evidence based on the fact that she didn't know she was being taped?
3 Answers from Attorneys
Re: Can a judge throw out an incriminating tape?
As California is a no fault state it has limited relevance unless it was a breach in of a pre-nuptial agreement.
Reply: Can a judge throw out an incriminating tape?
Adultry is a non-issue, as California is a no fault divorce state. The evidence will not be used because it is not relevent to anything, unless there are minor children who were exposed to the conduct.
Tell your friend that if he decides to divorce his wife, he will find some valuable information on various family law issues at my web site.
Good luck to you and your friend.....
Brian Levy, Esq.
www.calattorney.com
Re: Can a judge throw out an incriminating tape?
In california, not need fault. No-fault state.
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