Legal Question in Family Law in Virginia

Re: Recording Telephone Conversations

Virginia, I believe, when it comes to surreptitious recording of telephone conversations, is a so-called one party jurisdiction, meaning that consent from both parties to record such conversations is not required as it is in other jurisdictions such as Maryland. Which is why the Office of the State's Attorney in Maryland was making noises at one time about six years ago or so about prosecuting Linda Tripp for recording her telephone conversations with Monica Lewinsky(unbeknownst, of course, to the latter)which occurred in Maryland while Ms. Tripp was able to record similar conversations with Monica in the Commonwealth with no such threat of prosecution.

Re: Recording Telephone Conversations

Im Virginia it is legal to record a conversation that you are a party to (including being on an extension). It is a felony wiretapping otherwise. Many judges take the position that it is inadmissible as evidence unless the other party knows he is being taped. However, I have used such recordings many times. Depends on the judge.

Good luck.