AnotherRound Posted March 23, 2013 Posted March 23, 2013 I can't edit my post agian but I wanted to add the bottom of the page you linked because it sounds like it's saying it not legal according to federal law. If I'm reading it wrong please let me know. [FONT=Arial, Helvetica, sans-serif]In all 50 states and through federal law, it's considered illegal to record telephone conversations outside of one party consent. There are a couple of exceptions. In the state of California, one party consent can be applied only under circumstances in which one party is involved in criminal activity which would include extortion or blackmail. In the state of Arizona, the subscriber to a telephone service can record telephone conversations with no party consent when criminal activity is involved. Other than those two known exceptions, all other recordings outside of those states that permit one party consent are a violation of state and federal law. The question is often asked by clients if they can record the telephone conversations of their spouse in a domestic case or the conversations of their children concerning drug usage. In both of these cases, the answer is it's unlawful. Many clients will complain that they own the telephone and pay the telephone bill so they should therefore have a right to record what they want. However, the law doesn't address who owns the phone nor who pays the phone bill. It only addresses the use of one party and all party consent. Anything outside of that is a violation of state law and federal wiretapping law.[/FONT] sorry, I quoted the wrong post meant to quot your's. I thought that too, but when you re-read it, I think it is saying that only in certain cases it is prohibited by federal law - like, to support criminal activity (whatever that means). I read some other sites too, specifically about my state, and it is legal. Also, like I said, I have done it before and then used that information in court - so, I know it's admissable and not illegal here - and my state is listed as one of the "solitary consent" states.
3blindmice Posted March 23, 2013 Posted March 23, 2013 I thought that too, but when you re-read it, I think it is saying that only in certain cases it is prohibited by federal law - like, to support criminal activity (whatever that means). I read some other sites too, specifically about my state, and it is legal. Also, like I said, I have done it before and then used that information in court - so, I know it's admissable and not illegal here - and my state is listed as one of the "solitary consent" states. Well, it's confusing for sure! I have trouble making sense of legal writing when it's written in law terms. If that makes sense.
AnotherRound Posted March 23, 2013 Posted March 23, 2013 What it means is that the wife could not record a call between say, her husband and the OW without either of them knowing or giving permission. She could record a call between her and the OW though without telling the OW. I got that part - there were some parts about it being federally illegal though and those were explained, but I wasn't sure exactly what those circumstances were. Here, as long as one person who is in the conversation knows it is being recorded, it's legit. I recorded convos between myself and another person, didn't tell them that they were being recorded - and those convos were admissable in court.
Athens Posted March 26, 2013 Posted March 26, 2013 I have a similar issue-the OW is really off the deep end- stalking my FB page, sending odd texts, etc... I think sometimes people pretend they can walk away and then when it actually happens they can not. I know my H and her discussed that he would never leave me and she said she understood and just wanted a casual friends with benefit type thing, but when it came down to it-she lied to him and herself. Good luck and hopefully she will find another and leave you alone.
thomasb Posted March 26, 2013 Posted March 26, 2013 (edited) Now. Your situation sounds so close to ours. I too had a conscience and confessed to my wife what had happened. And the OWs reaction was over the top nutso. We cut off what we thought would be all contact, after being telephoned and emailed innumerable times over a couple months. It finally got too out of hand when she started involving my wife's sons. (.My stepsons) We first served her a cease and desist. I think it cost us around $50.00. But that was a decade ago. After that it was all uphill. We simply called the cops each time. Even third party involvement was not allowed in our case once the R.O. was instituted. She ended up in jail after that. Finally... peace. You can make it through this. We did. And come out stronger and more in love than ever before. If I could go back and change anything I have done in my life it would be my revolting behavior. I love my sweet wife. And it sounds like your husband loves you too. God Bless. Edited March 26, 2013 by a LoveShack.org Moderator 5
thomasb Posted March 26, 2013 Posted March 26, 2013 Summary of Consent Requirements for Taping Telephone Conversations Here is the list by state for recording phone calls. Now, it changes in the face of a criminal act. Such as harassment. Speak to your lawyer first. 1
Recommended Posts