What can we do next??

[casa]

You CAN record the phone conversations buy simply turning on the recorded and say "Jill this is just to inform you that we will be recording this conversation". You have to tell her this every time you have a conversation with her. You can also video record her if it is in a public place. Your house and her house generally are not public. As long as the party knows that they are being recorded then it is compleatly legal.

jillian~ 2 party "Consent" means consent. The other person has to CONSENT to the recording...not just be told "I'm recording you".

 

[Sandwalk]

That sounds great!! And if nothing else it might (hopefully) keep her from throwing her usual tantrum on the phone.....the kind that my husband usually ends up hanging up on! If only he could be dealing with a real adult!!

 

[Sandwalk]

OOOPSSS I must have been posting when the other posts answered. We will ask a lawyer what to do about this all. Thanks again!

 

[Sandwalk]

I have looked it up and the state the we live in allows us "one party consent" so that would be alright to do for us.
Thanks for all your info!!

 

[casa]

I have looked it up and the state the we live in allows us "one party consent" so that would be alright to do for us.
Thanks for all your info!!

Good Luck and do consider getting an attorney to enforce Dad's visitation Rights- and help handle the contempt issues.

 

[stealth2]

Facts: try them sometime.

Dammit, Plum - I now have soda on my monitor. Can I use this one sometime?

 

[Silverplum]

Why, yes, of course...as long as you agree to replace your monitor on your own! And I will do the same when I spit coffee through my nose.

 

[Jillian483]

Sheesh, Jillian483, you are just HOT with the WRONG advice today! Wouldn't you feel badly if someone took your crappy, thoughtless advice and went off and lost their FAMILY???

SOME states (twelve of them) have laws regarding two-party consent, meaning, BOTH parties must consent to recording. SOME OTHER states have one-party consent, meaning, only one participant must consent (that would be the taper). And taping the KIDS is just about never admissable, that I've read.

Unlike you, Jillian, I have citations for what I'm typing. Facts: try them sometime.

Seesh, I would hate for you not not ready all of my messages before you just assume I was wrong. First of all smart@**, in my first message I informed her that I was not sure and she would have to consult a lawyer before she records the phone conversations. Then once I saw that she posted againg I looked into Iowa's laws for this and saw that it only requires one person's concent to record, HOWEVER< the other party MUST be informed that they are being recorded, they DON'T have to concent. READING TRY IT SOMETIME!!!!

 

[Sandwalk]

Just so that I have this straight....My husband can record their conversation without her knowing or he does have to let her know that he is recording? This is all so confusing!!! Thanks!

 

[Silverplum]

Just so that I have this straight....My husband can record their conversation without her knowing or he does have to let her know that he is recording? This is all so confusing!!! Thanks!

IF you had READ the links that I clearly wasted MY TIME finding for you, then you would know the answer.

 

[Jillian483]

Just so that I have this straight....My husband can record their conversation without her knowing or he does have to let her know that he is recording? This is all so confusing!!! Thanks!

No matter what the law is it is very wise to inform her of the recording. We were in a state that has the same laws as yours and when we took the recordings to court she argued that she was unaware of the recording and that some of the things that she said were being cohorced and manipulated. With her knowledge of the recordings it is harder for her to say this. ONCE AGGAIN though she does not have to concent to the recording. You also need to know that she has to live in the same state. If she lives in a different one where the laws are different then 9 times out of 10 if one state only requires 1 party concent but the other requires 2 party concent then the courts will take the laws from the 2 party concent state as the effective law.

 

[Sandwalk]

Sorry Silverplum but, I really need to be sure about this because the ex is a very hateful woman!! I thank you for your advice!

 

[Silverplum]

Well, you can either "be sure" by believing a bunch of faceless yahoos on a message board, or you can be sure by reading case law online and then using that knowledge to check your facts in a real law library, or with a consultation with a real lawyer.

THAT'S why I provided PROOF of my statements. You don't need to believe ME...I don't know you or feel passionately about your situation. You need to do your own homework. I was just giving you a leg up. If you choose not to use it, I guess that's your business. But I won't be wasting my time finding stuff online for you any more if you can't be bothered to read it.

 

[stealth2]

In a 1-party state, it is legal to record phone conversations as long as one party is able to provide informed consent. So, for example, I could record a conversation I have with another party. I could likely not, legally, record a conversation my 3 yo has with another party. HOWEVER, just because it is legal to do so does NOT make the recordings admissible in court - and more often than not, a judge will not allow such recordings to be admitted into evidence.

 

[Jillian483]

In a 1-party state, it is legal to record phone conversations as long as one party is able to provide informed consent. So, for example, I could record a conversation I have with another party. I could likely not, legally, record a conversation my 3 yo has with another party. HOWEVER, just because it is legal to do so does NOT make the recordings admissible in court - and more often than not, a judge will not allow such recordings to be admitted into evidence.

This is true so you should think about just subpoenaing her phone records and take those to court to prove the harassment in reguards to how often she calls. The answering machine recording might fly in court if she is very mean or harassing on them but only to a certain extent