Can I secretly record my wife in order to prove her erratic and threatening behavior?
Question Details: My wife has been suffering from depression and is starting to fabricate false stories about me. I'm worried about where this could lead. If I were to record discussions between us showing her increasing unusual and threatening behavior, would this accepted as admissable evidence in a court of law or would this course of action serve to damage my credibility?
No, you may not. CA is what is considered a "two-party consent" state, which should more properly be called an "all-party consent" state: everyone speaking must consent or agree to be recorded, or else the person doing the recording has committed a rather serious crime--the equivalent of wire tapping. This means you cannot secretely record someone in CA, since if the recording is secret, they cannot consent or agree to it.
Rate This Answer: Not Yet Rated
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you go to AttorneyPages.com and retain an attorney to represent you.