Can you secretly record your husband or wife in a Carlsbad divorce or domestic violence case? Will this help you to capture valuable evidence of abusive behavior or does it actually create legal trouble for you?
Our experienced Carlsbad Certified Family Law Specialists can tell you from decades of experience when emotions run high people sometimes do or say things they later regret. A divorcing husband or wife in Carlsbad may try to preserve evidence of those words or actions by making secret recordings.
You may be trying to capture evidence of infidelity, physical or emotional abuse or even dereliction of their duties of parenting and their lack of fitness as a parent to gain advantage in a child custody and parenting time case. What does the law say?
Technically speaking, California is known as a “two-party” state regarding recordings of conversations. This means both parties who are being recorded must consent to participate for any recording to be legal.
Most lawyers will caution against secret recordings because they may expose you to criminal and civil penalties in addition to likely being inadmissible in most Carlsbad divorces or a domestic violence case. In order to use the recordings as evidence they must be provided to opposing parties and their counsel as part of “discovery.”
In this day of technology where many automated systems can record audio and video in and around your home (not to mention the technology in a smart phone) it may be very tempting to try to secretly record your husband or wife in a Carlsbad divorce or domestic violence situation. What you may think of as “incriminating” against them can actually be used to prove you are the one who has committed potentially illegal offenses.
There are a few exceptions to this general rule, but the facts surrounding these exceptions are easily misunderstood by the general public and any but the best divorce attorneys. If you have secretly recorded your husband or wife in a Carlsbad divorce or if you are considering it or you believe someone secretly recorded you, it is critical that you immediately speak to one of our Carlsbad Certified Family Law Specialists so they can explain the nuances associated with when it may be appropriate to secretly record your husband or wife in a Carlsbad Divorce.