if i record my husband threating me will this evidence hold up in court?
442676
Depends on the state.  Give an attorney a call and ask.  In some states, the other party has to know that they are being taped.
998100
They would like to talk to you about your involvement in a domestic case.  They will probably question you if  they do not have solid evidence showing you were involved.  They will take you into a room usually with 2 investigators and it will probably be taped and recorded.  They will read you your rights and make you sign a piece of paper indicating you understand your rights.  If you wish to remain silent you tell them so and say you wish to consult with a lawyer first.  Depending on how serious the charges are they can hold up for up to 72 hours then they have to release you.  If you can not afford a lawyer one will be appointed to you.  And public defenders aren't the greatest.  I would go in and see what is going on.  Otherwise they could put a warrent out on you for you arrest.  Rather be safe then sorry.
739625
First off, the police do not have to advise you that you are being recorded.  The courts have ruled that you have no expectation of privacy when talking to the police, especially in a police station, and that they police can record you with or without your knowledge or permission.\n\nSecond, in the police world "person of interest" usually  means "suspect."  "Person of interest" is just a nice way to say things.\n\nWith regards to releasing or sharing evidence, the decision to do that is based on the agency's rules and state laws.  We do not do that where I work.  The police may have done so to prove to the victim that you were NOT the person who committed the crime and totally clear your name.  It may have been a service to you!\n\nCall the agency who gave you the poly and ask them about it.  They will probably tell you why you did that.
835093
I wont pretend I know how it works in Texas (I'm in Australia), but generally, the rules of evidence are more relaxed in civil law cases.  It will probably be up to the sitting judge to decide whether it gets admitted, based on it how probative, reliable, etc. it is.  This evidence sounds probative AND reliable, so that's a good sign.\n\nI very much doubt it's illegal to tape record somebody without them knowing, unless you plan to publish the conversation in breach of their rights of privacy/confidentiality or something.  Laws against secretly recording stuff usually focus on what you actually do with the information, not the fact that you recorded it.  But you guys have a constitutional right to privacy so dont quote me on that.\n\nBut it might still be inadmissable in court, because of a law neither you nor me know about it, so we need to get back to the golden rule of civil litigation, which is: Dont do it unless there's absolutely no other option because its really really expensive.  Keep hounding the guy for a bit longer.  If he still doesn't pay up, talk to a lawyer and the lawyer will be able to hound him more effectively as well as telling you if your tape recorded evidence is legal and admissable.  If all else fails, you can sue.\n\nBut definitely dont start legal proceedings without legal advice.  Good luck mate
327649
I come from a law background and I can tell you that if they have said personal things about you for example slander then yes. If its just hear say then no. If you have written proof that, that person has done or said it then you have a case. The only problem then is proving that, person actually written it about you. But that shouldn't be a problem.\n\nAll I can suggest is taking legal advice as they will be able to go into greater detail and explain what you can and can't do.
795117
sadly, it sure is.  i had a problem with my downstairs neighbors in my apartment complex, and we ended up having to call the cops.  the officer couldnt do anything about it, but he encouraged us to record any sounds or disturbances we heard for evidence for next time.
542292
Once again, a bunch of people answer who don't understand the law. Since the rules concerining the legality of recording a conversation are heavily dependent upon the facts and circumstances in evidence, it is impossible to accurately answer your question, because you haven't provided any case facts.\n\nHowever, if you go to: \n\nhttp://www.rcfp.org/taping/\n\nyou can get a pretty good overview of the laws applicable to your situation. \n\nAnd, if you're still concerned, then you need to contact an attorney in your area.
1076815
Ultimately the court has the discretion whether or not to admit something like this into evidence and usually in very rare circumstances.  People are not allowed to be voice recorded without their consent and if it's the main piece of evidence in the case it is likely that the court will find it inadmissible and ask that party to make it's case with other facts and evidence.
124923
Well said shari!  It will prove he is not responsible.  But record record record every move he makes, such as phone calls, write down the time and date and what was said, write down how often he has the children and if he complies to the arrangement ya'll made.  Write down any negativity your child may have said he said.  Most courts love the mother but make sure you have yourself backed up.
846082
it all depends on the circumstances.\n\nDid the victim feel that he or she was in imminent threat of danger or harm? Was the fear reasonable?\n\nHas there been a history of assault either by your fiance or the victim?\n\nDid your fiance have the means to carry out the perceived threat?\n\nPeople need to keep their tempers in check. The answers to these questions will determine whether there is a simple assault. \n\nApparently, since charges have been filed, the prosecuter thinks there is enough evidence to constitute a simple assault. \n\nGenerally speaking, verbal assault CAN be simple assault. Being convicted is a different question.\n\nBe forewarned, too, that the victim can file a civil suit alleging assault and intentional infliction of emotional distress. \n\nYour fiance really needs to think before he flies off the handle.
298748
You are gonna have to record any and everything that you possibly can. If she calls your phone your gonna have to ask the poliec to tap yor phon eso that can catch that crazy b*tch. Good Luck MaMa!! Oh and if worst comes to worst, make sure taht if you do beat her a** sensless that you do it on your property b/c she shouldn't be there in the first place. Tell them that you are looking at it as self-defense on your own property!!!!!
138538
In general, absolutely.  But like any evidence it needs to be authenticated, and it will be excluded if it is not relevant (or if it contains hearsay, or is more prejudicial than probative, etc.)  It may also be excluded in a criminal case if it is a police recording obtained wwithout a warrant.
648579
Your husband has a good chance of going for a night or two and maybe having a hefty fine too.  It doesn't matter that your husband was hit with a rock first, it is still assault because self defense can not be claimed if you retaliate with more force than is necessary to defend yourself.  Your neighbor will face legal action too though.  If you and your neighbor mutually agree to drop charges then you will both walk away with no action, but chances are that he won't drop charges if you and your husband are wishing to press charges against him... it is a sad fact of how our legal system works.  I can honestly say I would have done the same thing in your husband's shoes, but I'm sorry to bring you this unfortunate reality.
238303
The answer is yes and no. In general, it is not legal. In CA, it is a felony to do so if one of the parties is not aware. However, if you have a restraining order against someone, the court will sometimes grant you permission to record conversations without the restrained person's knowledge. This only applies to conversations and phone calls that violate the order, however. The police can also record any converstaions they have with you. There are exceptions to threats to your health and safety.\n\n*****EDIT EDIT EDIT*******\n\nKu Lok, you are totally wrong. You CANNOT record a telephone conversation (or any private conversation) in CA without the knowledge of ALL parties in the converstation. Doing so is a felony, not a matter of admissability in court. Read CA Penal Code 632.
496025
It depends on the judge/justice of the peace/magistrate.  Legally, you are entitled to insist that you have a right to confront all witnesses against you and since the only witness who has any firsthand knowledge of what you allegedly did is not available, the case cannot proceed and must be dismissed.  But it is entirely possible that the judge/JOTP/magistrate either (1) doesn't care or (2) doesn't know what that means, and will let the hearing proceed as the judge, prosecutor, chief witness, and fact finder...to which you can object to, and his only response will be argue it on appeal.
347901
You can file a police report claiming a violation of the restraining order.  Once the report is taken the police will conduct a further investigation-interview the suspect or stage a recorded telephone call between you and the suspect where you try to elicit incriminating statements from the suspect (the police arrange the all and record the contact).  If you do not have any direct evidence (phone recordings, surveillance video, fingerprints), witness corroboration, omission of guilt from the violator, or enough circumstantial evidence (proof that is not direct evidence; instead it is evidence that taken as a whole could make a reasonable person conclude the crime was committed.\n\nIf the investigator believes they have established probable cause the crime was committed they will file the report with the District Attorney's Office.  The District Attorney will decide if they want to "press charges" against the suspect and start court proceedings.\n\nIf the Investigator does not obtain enough evidence to establish that the elements of the violation of a restraining order were committed, the report will remain on file but nothing further will probably be done.\n\nDo not attempt anything on your own that may place you in a dangerous situation.
438349
Well, it would be nice if you told us what these things are, because without knowing what he's saying, how would anybody know if they are considered a crime or a threat?\n\nAlso need to know what state you're in, since laws differ from state to state.\n\nChances are, at least here in California, cruel and demeaning things would not qualify as domestic abuse.  But again, it's impossible for anyone to tell you specifically without knowing what's being said and where you are.\n\nEDIT 4.27.06\n\nYou still didn't say what state you're in.  Based on the additional information you posted tonight, if you were in California, poking you in the chest with his fingers would be a crime, and possibly telling you he was going to throw you out a window would be a crime.\n\nThe thing is, whether these things are crimes or not is not really the issue.  The issue is that your husband is abusing you in one or more forms.  You've also added tonight that you have children, so you're not the only victim here.  He may not touch the children, but he (and you, I'm sorry to say) are exposing the children to domestic abuse...I won't go into all the studies that have been done on children who are exposed to the kinds of stuff you're talking about but trust me, it will screw a kid up.  For that reason, California Child Protective agencies have started removing children from homes where domestic abuse is taking place, even if the children are not directly victims.\n\nI've seen a lot of domestic violence cases...more than would fill a lifetime.  And the things they all have in common is that they start out small, get gradually bigger, and eventually will end up in your death if something does not change.  I'm guessing he does these things, then apologizes, then things are fine for a while, then it happens again?  And when it happens again, it's maybe just a little bit worse...he calls you worse names, pushes you just a little more, etc?  Domestic violence has a really predictable cycle and I just described it for you.   \n\nGet out.  Do not wait, do not assume he will get better, do not think you can't make it (of course, he obviously wants you to think that, because then you won't leave and he will continue to have a victim), do not expose yourself and your children to this man any longer than it takes to pack.  I guarantee there is a domestic violence organization somewhere near you that will be more than willing to help you...800-799-SAFE is a start.\n\nI *promise* you...if something does not make him change, he will not.  People don't change without some reason, and you staying there is not going to be the reason.