Charlie4444 wrote:I am a female, and I have been reading this forum today and realize that this forum is for a male audience with mostly male participants and I respect that, so I will try to just read and learn for the most part. One thing I keep seeing is that many suggest that men keep a voice recorder and record their ex if she is one to go off the rails at times.
The biggest reason I even came to this forum is to find out just when it is legal to record someone, and when it can be used in court. Okay, I am talking about my DS's case where his X called the cops and made a false accusation of harassment, disorderly conduct including physical offence (she claims he pulled her down her apartment stairs, into the yard and proceeded to yell at her and cause her to "fear for her life and her their children's lives." I hope you won't all yell at me that he is not here asking instead of me. There may be reasons but that is another topic for another day.
Rather than include all the details and defense strategy here, I want to talk about whether an audio recording can be used against her, or not really against her but as part of his defense. This is in Pennsylvania and I have read as much as I can readily find about the letter of the law for this "two party state" (for wire tap laws). This so-called incident took place this past fall but about a year before that, there was another incident and I was present for that one (as well as DS and their two children ages 4 and 6 at the time). I did record her and still have the recording. It was outside our cars in a Burger King Parking lot. In the recording, she revealed her true self, extreme yelling and profanity, and she slammed her arm on my car (which is not evident in the recording but certainly something that needs to be told). Of course DS and I were too ignorant to call the cops on her so other than this recording, there is no evidence of that prior incident. All my DS said in the recording was "stop it" and you could barely hear him. But she was loud and clear.
I have talked to several lawyers and as soon as I even hint that I might have a recording, and that it was done outside in a parking lot, they inform me it can't be used in court and that anyone with such a recording could be prosecuted for a crime!
Do any of you have any comment about the interpretation of the wire tap law in states like PA?
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