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?


Asked on 10/31/03, 12:03 am

3 Answers from Attorneys

OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

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.

Read more
Answered on 10/31/03, 10:28 am
Brian Levy, Esq. Law Office of Brian Don Levy

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

Read more
Answered on 10/31/03, 10:58 am
Donald Holben Donald R. Holben & Associates, APC

Re: Can a judge throw out an incriminating tape?

In california, not need fault. No-fault state.

Read more
Answered on 11/03/03, 12:51 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California