Legal Question in Family Law in Kentucky
A few weeks ago I had gotten upset with my fiance and began drinking. I got upset and called someone to come pick me up and take me to my parents. The person who came to pick me up was his ex. She had recorded our whole conversation. She states that in these conversation in the car I stated that my fiance hit me. She is now threatening him to leave me or she will go to the court with my recorded conversation and gain custody of their daughter. I wanted to know what my options were, if she was allowed to use this recording and if we had any way to protect ourselves. I did ask during the car ride when she was recording me if she was recording me... she clearly stated that she was not. Is that even legal for her to use that without my permission? Please help...
1 Answer from Attorneys
This is an evidence question and so, I must give a warning - your fiance or his attorney must make an objection in court if this evidene is offered. No objection and the evidence comes in. The recording is "hearsay" and not directly admissible. You would not be a party to the action and so it would not come in as an admission by a party. You could, however, be called to tesfity as a witness. If that happened it might be admitted as a prior inconsistent statement. However, even if it came in, it is hard to say what level of credibility would be given to it.
However, you have two other things to consider: The ex appears to be committing extortion and you could see if the County or Commonwealth Attorney would pursue charges against her or allow you to press charges.
Lastly, if your fiance had hit you, it may be wise for you to seek some counseling regarding domestic violence prior to getting married.
It really would be good if you invested in seeking the advice of an attorney directly because all of the above is limited to the few facts you provided and there may be other factors that would change the information given.