Legal Question in Family Law in California

Is it legal for my wife to record a private face to face conversation without my knowing it? There was a restraining order that lasted for one year but it had been dropped for probably three months at the time of her recording me.


Asked on 6/11/12, 1:04 pm

3 Answers from Attorneys

BARRY BESSER LAW OFFICES OF BARRY I. BESSER

When you say, "private", it would depend on where that conversation actually took place. For example, if you were having that so called "private" conversation in a public setting, she may be able to do it.

BARRY BESSER

www.besserlaw.com

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Answered on 6/11/12, 1:10 pm

Mr. Besser is right. Recording a conversation in a place and under circumstances that the other person would have a reasonable expectation of privacy, is a crime.

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Answered on 6/11/12, 4:04 pm
Anthony Roach Law Office of Anthony A. Roach

Some restraining orders have provisions that allow the parties to record the other's conversations. I would check the terms of the order first.

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Answered on 6/11/12, 9:54 pm


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