Legal Question in Family Law in California

Recording phone calls

If an individual, due to significant suspision of a spouses infidelity, were to record calls on their home phone and have those suspisions confirmed. What legal fallout might result either from the spouse or the spouses, ''side squeeze'', who is married also, in the event the recordings were heard? i.e. (If it resulted in divorce for other couple).


Asked on 10/12/03, 5:37 am

3 Answers from Attorneys

Donald Holben Donald R. Holben & Associates, APC

Re: Recording phone calls

Recording a persons voice, etc., is without knowledge, a misdemeanor.

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Answered on 10/13/03, 11:09 am
Brian Levy, Esq. Law Office of Brian Don Levy

Reply: Recording phone calls

California is a no fault divorce state, and as a result, infidelity is of no consequence. Recording someones conversation without their consent may be a crime.

In regards to yor marital rights, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!

You will find some valuable information on various family law issues at my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.com

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Answered on 10/12/03, 11:35 am
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Recording phone calls

Recording a telephone conversation or any other conversation, in which a person has a reasonable expectation of privacy, is a crime and there are also severe civil penalties attached to such conduct. The exceptions are when all parties are aware of the recording and agree or the recording is of the commission of a felony, such as threatening a person or blackmail.

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Answered on 10/12/03, 1:58 pm


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