Legal Question in Family Law in California

Can somebody tape you without your knowledge?

My ex stole my hand-held tape recorder and taped me while we were in an arguement before we separated. He admitted to this after the fact and before we separated, and now said he is going to use it against me in court. Is it illegal for someone to tape you without your knowledge and can they use it against you in court?

I have recently filed for an Annulment on the basis of Fraud. I married an illegal alien to help him get his legal papers with the INS. His MOTIVE for taping me is to make it look like I was abusive so if we get the divorce he can cry boo-hoo to the INS and get his Green Card anyways.

Please help. I am a single mother of 2 and can't afford a lawyer. I'm fighting this all by myself. Thank you kindly.


Asked on 5/26/03, 12:11 am

1 Answer from Attorneys
H.M. Torrey The Law Offices of H.M. Torrey

Re: Can somebody tape you without your knowledge?

in california, according to the privacy act, it is illegal to record "confidential communications" without the consent of BOTH parties. it is not only a criminal act in which your ex could be fined and/or spend time in jail for, but it is also a civil violation in which you could recover $5000 or more in damages just by his mere recording of your communications, even if he does not ultimately share your private conversations to a 3rd party or in court. his taping of your conversation will be inadmissible evidence in court as well based on the facts given so far. if you would like further legal assistance and/or representation in this matter, feel free to email me directly with more facts and how you would like to proceed. hope this helps and you get swift justice in this matter.

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Answered on 5/26/03, 12:32 am


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