Taping Phone Conversations

When is it legal in the state of California to tape phone conversations?

Do you have to notify the "Caller" your taping or only when "You" initiate the call?

Can recorded messages on an answering machine be used as evidence?

Thanks for your assistance.

You must obtain consent to tape from the other caller prior to taping. California Penal Code 631.

As for using it as evidence I have seen some judges let tape in especially in Small Claims Court where things are a little more lax. If you have an attorney and the other party tries to get a taped recording into evidence your attorney should object.

. . . with the exception of answering machine recordings. In that instance, the caller who leaves a message already knows they are being recorded and, therefore, is admissible.

Thanks for the input. Here's why I asked: (another sad saga)

A friend of mines daughter is having a really tough time with her childs Father(not Husband) calling and saying very nasty things. As an example: She is pregnant with twins. He will call and state "he is going to kill her, it's a promise not a threat", "he wishes her babies would die", "her previous miscarriage was because she is a "Bad Mom". These are on tape and documented with Police reports.

They are in a custody battle now for the 7 yr old.

He has barely been in the picture for the entire 7 yrs. but was foolishly awarded temporary full custody 7 months ago when he filed false documents against her. Since that initial filing he has postponed the hearing each time hence the long wait to get to court.

Since that time he and his new wife have totally disrupted every facet of the 7 yr. olds life.

He had the Police come during the Mothers wedding and have the child removed(earlier post re:Brando Law). He changed the childs school district filing a false address, refuses to allow Grandparents to visit, changed her Doctors, denies her going to Church camps, Brownies,refuses Medical attention, calls the police for picking her up 15 mins. early,(even though she was released by his wife). During the summer he makes her stay in his new wifes Pre-school(age inappropriate, 3 yr, olds) from 6am to 6 pm. He even refused to let the Mother or Grandparents see the child when she broke her wrist. He won't allow the child to spend holidays or family reunions together. Telling the Mother to come pick up the child early and then make her wait outside for 2 hrs. Enrolls her sports in another town during the Mothers weekend visitation times demanding the child attend.

The list goes on and on. 7 months of mental and minor physical harrassment.

The Mother was until recently, for the entire life of this child, a single parent and the sole support. Working two jobs to provide a nice home with all the necessities and wonderful family unity for this child, while the Father provided nothing in the way of financial or emotional support. The care and custody was taken care of solely by the Mother assisted by the Fathers Mother who babysat the child while the Mother worked. The Mother and Grandmother have always had a good relationship. Not true for the Father and his Mother.

The funny thing is. the Mother, her new husband and the Father have all gotten along well for years. Working at the same place and socializing without incident. Suddenly when the Mother marrys and the Father marrys things go to hell in a handbasket.

The only new item added is the new wife.

"Things that make you go, Hmmm".

The issue is scheduled for court Dec.18th when all of this will be brought to light. She has not yet been afforded the opportunity to refute/rebut any allegations and no testimony has been given yet. Numerous people are chomping at the bit to testify in the Mothers behalf. Teachers,Counselors,Friends,Family,the Fathers parents, the New Wifes ex. and more.

If my reading of the standards/guidelines for custody in California are correct I feel confident this error will be corrected immediately.

Oddly enough, the New Wife is also doing similar actions with her Ex.

More "Things that make you go , Hmmm".

Obviously, there is so much more that goes into the making of these situations that doesn't need the space here.

So, in summation, if the tapes can't be used they can be phrased into pointed questions by a skilled attorney, Thanks Again

Be careful mileaway. Taping laws vary state to state, with some requiring one party’s consent, while others requiring both. These laws are not just for purposes of admitting evidence at trial, but are CRIMINAL laws. Although it is rarely prosecuted, the Mother or whoever taped the calls without the other person’s permission may be prosecuted for taping illegally. Even if she is not prosecuted, the Father can sure make a stink about it in court along the lines that the mother is breaking the law and should not be awarded custody as a bad influence on the children.

On the other hand, the police are allowed to tape without the other person’s permission. Based on your description of what was said, the Mother can probably say that the Father is threatening bodily harm to her and ask for the police to tape the calls. That will not only get the Father in trouble, but those tapes should be admissible at the hearings.

Just some thoughts…

Dec 18th the child was returned to the custody of the Mother. They are celebrating the reunion of Family this New Years at; you guessed it, Disneyland!
Thanks to all for your suggestions and advice.

Ps. If you lie the first time, you will never remember to lie at the right time, the next time.

Happy things worked out mileaway. Happy New Year!