Legal Question in Family Law in New York

Tape recordings

my wife and I are getting divorced and i was told i could tape record our conversations to protect myself. she filed for a temp order of protection and i was removed from the house on false statements she made to the court. I was allowed to go back to the home 5 days later to get clothes and meds. I remembered the tape recorder and got it. what i hear on the tape i was in shock. she filed several police reports and I took the tape to the police and proved that she lied to them, nothing was done. I need to find out if i can play this tape in family court when we have the hearing for the temp order of protection and family offense?


Asked on 9/12/05, 2:14 pm

2 Answers from Attorneys
Stephen Loeb Law Office of Stephen R. Loeb

Re: Tape recordings

The tapes are only legal if you were a party to the conversations on the tape.

Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.

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Answered on 9/12/05, 3:38 pm
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Tape recordings

You need a lawyer. This is what lawyers do - we try to get things admitted into evidence or excluded from evidence.

In this case, there is a 50/50 chance the recordings will be allowed into evidence (that is, heard by the court). You will argue it is your own phone annd own conversations you were recording.

The other lawyer will argue CPLR 4650 (I am unsure about that number, but it is that or 4560.)

There is no definite answer to your question. First, make an appointment with the DA to get rid of the order of protection and any pending criminal action and then deal exclusively with the marital issues. (The DA will listen to the tape.)

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Answered on 9/12/05, 5:49 pm


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