Kingman, AZ asked in Criminal Law for Arizona

Q: It’s come to my attention that my ex wife solicited my daughter to record mine and my wife’s conversation in the car.

Revised details. Family court date set for Friday 17th. She submitted to evidence a snap shot of a text between her and me daughter stating “try to record him”, (my wife and I conversation). If I recall at that moment we were in the car driving home. I very lightly talking to my wife about my doctors appointment that accrued that day.

In another exhibit that she has submitted it clearly states from my ex to my daughter “well that’s not much of a video” and it is Half visible that some type of image or video was sent.

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1 Lawyer Answer
Mike Branum
Mike Branum
  • Criminal Law Lawyer
  • Saint George, UT
  • Licensed in Arizona

A: You would need to file a report with the law enforcement agency in whose jurisdiction the alleged crime allegedly occurred. For the "solicitation" that would be wherever the conversation took place. If the recording was actually made, you would need to contact the agency within whose jurisdiction the recording was taken, if different from the jurisdiction where the conversation between your daughter and your ex occurred. I would be astonished if a law enforcement agency determined your complaint to be one they wished to file charges on. I would be further shocked if a prosecutor elected to pursue prosecution.

I am completely baffled as to where you see an opportunity to "obtain compensation" based on the facts you have presented. In order to make a civil claim which would result in "compensation," one must have suffered damages. It appears your daughter and your ex had a conversation and your daughter either did or did not record a conversation. You have not indicated any recording was even obtained. If there is a recording you do not give any reason to believe said recording was "published" in any way which injured you.

Other than her being nosy, I cannot speculate why your ex would even desire to have a recording of a private conversation between you and your replacement spouse. The most reasonable course of action is to assume any conversation not held in private between two parties is subject to recording. Even without a recording, conversations had in front of another party can always be reported to those not present. Your energies would be better spent trying to provide your daughter with as much normalcy as possible. At first blush it appears that she is being exposed to significant turmoil between her birth parents and that one or both of her parents have deficits in their ability to communicate and/or deal with their emotions. Psychological counseling may be indicated for all parties to assist in implementing more effective communication and coping strategies.

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