Burlingame, CA asked in Domestic Violence for California

Q: Is it illegal to secretly record a conversation in California to prove abuse?

My daughter was dating a man who verbally abused and threatened her. She recorded the conversation which got the man kicked out of his fraternity and got her a campus wide restraining order against him. The man found out about the recording and is now extorting her, saying that if she blocks him on social media, he will sue her for the 'illegal' recording. Does he have a case? It seems to me the extortion of saying you have to let me into your life is a crime in itself.

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1 Lawyer Answer
William Jaksa
William Jaksa
Answered
  • Domestic Violence Lawyer
  • Toronto

A: California is a "two-party consent" state, meaning that both parties must agree to be recorded. There are some limited exceptions to this rule. One of those exceptions being that the person recording the conversation honestly believes that the conversation may provide evidence to a serious crime. He might have a case depending on how that recording is used. For example, if the recording does contain evidence of a serious crime and it's turned over to police there likely will not be any grounds for a civil suit. BUT if the recording is used to attack or impune his character in any way then he'll likely have a fair chance in civil court.

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