Regarding recorded conversations

[Silverplum]

Slapping forehead.... I thought we were still in Brandi’s thread… What day is it?

Your point, however, was that Brandi's thread was utterly hijacked. And that remains true.

Anyway,

Yes. AR is a one-party state. You may record the landline conversations that YOU are a party to and TRY to use it in court.

Most judges still hate it and shy away, but at least it isn’t illegal.

Getting a legal transcription of the conversation -$$$- is a more realistic way of getting the legally recorded conversation into court.

You may NOT record your children’s conversations with the other parent.

True true true.

 

[stepmom04]

Slapping forehead.... I thought we were still in Brandi’s thread… What day is it?

Anyway,

Yes. AR is a one-party state. You may record the landline conversations that YOU are a party to and TRY to use it in court.

Most judges still hate it and shy away, but at least it isn’t illegal.

Getting a legal transcription of the conversation -$$$- is a more realistic way of getting the legally recorded conversation into court.

You may NOT record your children’s conversations with the other parent.

Thank you Bloopy!!!

No...never have recorded the conversation of the children. THey make those calls on cellphones...where I can easily access the records to prove that they indeed did call ncp.

We've used recorded conversations in court..but it wasn't anything regarding any contempt.. It was to prove ncp unfit. IT worked and the judge accepted it as evidence.

The only reason we started recording is because ncp says one thing to cp and another thing in court. Thought we'd put a stop to the lying and stuff. Bought the machine from the advice of our lawyer. Though he never mentioned anything about the whole cell phone thing. I should probably get clarification from him on that stuff.

 

[brandiegiuffre]

I just wanted to say thank you to everyone for the help. I have tried to make sense of it all.
I didn't record the call for the purpose of using it in court. I try to record all the calls just basically for my own clarification because I thought I was covered under the 'one party' rule. I will obviously need to get with my lawyer on that one.
I do it because the stories/plans change so often, I can't keep up. Even with trying to write everything down, I am afraid I will leave something out so I record them for reference. It just so happend that is the way of 'proof' aside from the emails that I have this time.

I don't ever record my childs conversations with anyone.

Thanks again for all the help.

 

[Just Blue]

Ok, before this gets completely out of hand.

There is absolutely nothing wrong with someone asking for clarification. There is nothing wrong with someone asking questions. I have had to ask a question 42 different times to finally understand the answer. And this answer, quite frankly is very confusing. I still really dont understand how a recorded phone calll can be used in court but also considered a crime.

Stepmom04, please take heed the advice given to you by Humus. Ask questions, fine, but not advice--for quite a while.

You have it backward...It is not a "crime" unless they are recorded for a court action. That is because the criteria for recording someone for a court action are different. As they should be.

 

[Silverplum]

Thank you Bloopy!!!

No...never have recorded the conversation of the children. THey make those calls on cellphones...where I can easily access the records to prove that they indeed did call ncp.

We've used recorded conversations in court..but it wasn't anything regarding any contempt.. It was to prove ncp unfit. IT worked and the judge accepted it as evidence.

The only reason we started recording is because ncp says one thing to cp and another thing in court. Thought we'd put a stop to the lying and stuff. Bought the machine from the advice of our lawyer. Though he never mentioned anything about the whole cell phone thing. I should probably get clarification from him on that stuff.

Huh.

And here I thought you said that Brandi needed advice. Turns out it was all about you.

What is the name of your state (only U.S. law)? AR

This regarding the post about the legality of recording cell phone converstations. This post was closed and this one that I'm posting...will most likely be closed too.

People are coming here for legal advice...and I would hope those that are on their pedestal that their info is only right...whether it is proven wrong are actually attorneys giving this advice.

Silverplum...bash if you want. The link that you sent says

(d) It shall not be unlawful under this chapter for a person not acting under color of law to intercept a wire, oral, or electronic communication where such person is a party to the communication or where one of the parties to the communication has given prior consent to such interception unless such communication is intercepted for the purpose of committing any criminal or tortious act in violation of the Constitution or laws of the United States or of any State.

Shall not be unlawful....Therefore, I feel that you read this incorrectly. The OP can take your advice, but I'd recommened that she checks with her attorney, because IMO you are wrong.

Yep. Sure enough. That's what you wrote.

 

[stepmom04]

Huh.

And here I thought you said that Brandi needed advice. Turns out it was all about you.





Yep. Sure enough. That's what you wrote.

Either or...they were the same question...same advice.

 

[Bloopy]

No...never have recorded the conversation of the children. THey make those calls on cellphones...where I can easily access the records to prove that they indeed did call ncp.

I’m glad you don’t. LOTS of parents try to pull that.

We've used recorded conversations in court..but it wasn't anything regarding any contempt.. It was to prove ncp unfit. IT worked and the judge accepted it as evidence.

You lucked out. It’s still a PITA judges don’t like in family court.

The only reason we started recording is because ncp says one thing to cp and another thing in court. Thought we'd put a stop to the lying and stuff. Bought the machine from the advice of our lawyer.

The BEST way to cut though all the lying is to communicate exclusively though writing.

Though he never mentioned anything about the whole cell phone thing. I should probably get clarification from him on that stuff.

I think it’s been answered but asking your lawyer is ALWAYS smart… assuming your lawyer is smart.

 

[stepmom04]

I’m glad you don’t. LOTS of parents try to pull that.

You lucked out. It’s still a PITA judges don’t like in family court.


The BEST way to cut though all the lying is to communicate exclusively though writing.

I think it’s been answered but asking your lawyer is ALWAYS smart… assuming your lawyer is smart.

Yeah, we've tried to get ncp to set up an email account to communicate that way. But would that fall into the same laws as the cellular phone?

I don't know. I do thank you that helped with your help!

 

[Silverplum]

Yeah, we've tried to get ncp to set up an email account to communicate that way. But would that fall into the same laws as the cellular phone?

I don't know. I do thank you that helped with your help!

Why, you're quite welcome!!

 

[Zephyr]

You have it backward...It is not a "crime" unless they are recorded for a court action. That is because the criteria for recording someone for a court action are different. As they should be.

I don't mean to add fuel to the fire- but if we are figuring this out let's figure it out.....

I just googled tortious act- for my own clarification in understanding the relevant quote...

got this

tortious adj. referring to an act which is a tort (civil wrong).


d) It shall not be unlawful under this chapter for a person not acting under color of law to intercept a wire, oral, or electronic communication where such person is a party to the communication or where one of the parties to the communication has given prior consent to such interception unless such communication is intercepted for the purpose of committing any criminal or tortious act in violation of the Constitution or laws of the United States or of any State.


obviously (in family court matters) recording the call is not for the purpose of committing a crome (ex- recording a call to get acct numbers or ssn numbers for identity theft)....it also does not strike me as a tortious act- civil wrong, (ex recording and attorney client call etc)

I'm not by any means saying I know the right answer here, but that's is how I am currently interpreting it based on the information I have.....if someone has a clearer interpretation or one more accurate, I certainly welcome it, for my own use, and for the clarification it would provide to so many who have this question....

of course my interpretation is based on the one party rule and I am expecting answers back on the one party rule....just to be clear so no "two party" residents think the answers may apply to them

 

[Just Blue]

Yeah, we've tried to get ncp to set up an email account to communicate that way. But would that fall into the same laws as the cellular phone?

I don't know. I do thank you that helped with your help!

A person sending letter, email or leaving a voice mail has no expectation of privacy...A phone call does. So no...an e-mail would not be subject to the same laws as a cell phone recording. BUT!! You would have to legally prove that the e-mail came from your ex. Still difficult.

 

[stepmom04]

A person sending letter, email or leaving a voice mail has no expectation of privacy...A phone call does. So no...an e-mail would not be subject to the same laws as a cell phone recording. BUT!! You would have to legally prove that the e-mail came from your ex. Still difficult.

Thank you.

 

[bononos again]

I don't mean to add fuel to the fire- but if we are figuring this out let's figure it out.....

I just googled tortious act- for my own clarification in understanding the relevant quote...

got this

tortious adj. referring to an act which is a tort (civil wrong).


d) It shall not be unlawful under this chapter for a person not acting under color of law to intercept a wire, oral, or electronic communication where such person is a party to the communication or where one of the parties to the communication has given prior consent to such interception unless such communication is intercepted for the purpose of committing any criminal or tortious act in violation of the Constitution or laws of the United States or of any State.


obviously (in family court matters) recording the call is not for the purpose of committing a crome (ex- recording a call to get acct numbers or ssn numbers for identity theft)....it also does not strike me as a tortious act- civil wrong, (ex recording and attorney client call etc)

I'm not by any means saying I know the right answer here, but that's is how I am currently interpreting it based on the information I have.....if someone has a clearer interpretation or one more accurate, I certainly welcome it, for my own use, and for the clarification it would provide to so many who have this question....

of course my interpretation is based on the one party rule and I am expecting answers back on the one party rule....just to be clear so no "two party" residents think the answers may apply to them

When I was googling I found this for Tortious:

occurs when a person intentionally damages the plaintiff's contractual relationships
AND
act to intentionally and willfully interfere and break a contract between two parties, causing damage to the relationship between those contracting parties.


I was thinking that a CO could be considered a contract, but it certainly didn't say that from what I've fouund.