San Diego, CA asked in Family Law and Adoption for California

Q: was it okay that i recorded me and my moms conversation ?

My mom denied som and so I said are you going to swear by it and she said yes so I told her that I had proof that she did say this thing and they got made at me for recording them not acknowledging the fact that I caught my mom red-handed in her lie, and they ignored that fact, but they blame me and say what I did was wrong when I keep getting in trouble because I was lyin a lot as a kid

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Family Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, recording conversations without the consent of all parties involved is generally prohibited unless certain exceptions apply. California is a "two-party consent" state, which means that all parties must consent to the recording of any confidential communication, whether in person or over the phone. If your mother did not consent to being recorded and the conversation was considered confidential, then recording it could be illegal under state law.

However, there are some exceptions to this rule. For instance, if there was no reasonable expectation of privacy in the conversation, such as in a public place where others could overhear, or if the recording was necessary to gather evidence of certain crimes like domestic violence or child abuse, the legality of the recording might be viewed differently. It's important to understand these nuances before relying on recordings as evidence in legal matters.

Regarding your situation, while you may have felt justified in recording the conversation to prove your mother's statements, it's crucial to be aware of the potential legal implications. Even if you caught your mother in a lie, using a recording without proper consent could lead to legal consequences, including the recording being inadmissible as evidence in court. It's advisable to consult with a legal professional who can provide guidance tailored to your specific circumstances and help you understand your rights and responsibilities under California law.

In any case, disputes within families can be emotionally charged, and it's often beneficial to seek mediation or counseling to resolve conflicts rather than relying solely on legal measures. Building trust and open communication within your family can often lead to more constructive resolutions than confrontations over legal technicalities. If you have concerns about your rights or legal standing in such situations, seeking legal advice from a qualified attorney can provide clarity and help you navigate the complexities of the law effectively.

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