How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask MyraB Your Own Question

MyraB
MyraB, Lawyer
Category: Criminal Law
Satisfied Customers: 371
Experience:  I have over 20 years experience in criminal law and civil litigation from pre-trial practice to appeal.
74614265
Type Your Criminal Law Question Here...
MyraB is online now
A new question is answered every 9 seconds

What can I do about secretly recorded audio. Location is CA

Resolved Question:

What can I do about secretly recorded audio. Location is California EX-Wife claims she secretly audio recorded a domestic violence in my car. The exact content is unknown, but that is what she claims.  She also secretly recorded video in my relative house on other people. Without going into details about the recorded content, there may be pre-planned setup on the recording. what action can I take against her? Can I ask the judge to force her to delete the content, not to publish the content and inform me who has listened to the audio? What other penalties can be imposed?

Submitted: 1 year ago.
Category: Criminal Law
Expert:  MyraB replied 1 year ago.
Hello and thank you for your question.

As you likely know California's wiretapping law requires that all parties consent to the recording of a confidential conversation. Under Cal. Penal code sec. 632 it is a crime to record any confidential communication, including a private conversation or telephone call, without the consent of all parties to the conversation. The statute may be found here Cal. Penal Code § 632. The penalty for a first offense is a fine of up to $2500.00 or up to one year imprisonment or both. The penalty increases for subsequent offenses. The statute applies to the use of hidden video cameras to record conversations as well.

In addition to criminal penalties, a person who violates the statute may be subject to a civil action for damages by an injured party under Cal. Penal Code § 637.2. Under the statute the person who was wrongfully recorded may recover $5000.00 or three times the amount of actual damages. In addition, the person who was wrongfully recorded may be able to seek injunctive relief from the court to obtain the recording and any copies and to prevent publication or dissemination of the contents.

Therefore, you can report the violations of the statute to police for criminal prosecution and/or pursue a civil action against your ex-wife and others involved based on the illegal recordings.

Please feel free to ask any follow-up questions.
Customer: replied 1 year ago.

Thank you for your answer. When you say "you can report the violations of the statute to police for criminal prosecution" do you mean go to the local police station and file a report?


 


My purpose is to prevent publication and distribution of the content. So which method is the best? Civil law suit or file a police report?

Expert:  MyraB replied 1 year ago.
Thank you for your response.

Yes, you would go to the police station and file a report. The police would then investigate.

Likely the best way to prevent publication and distribution of the recordings is to obtain an injunction against your ex-wife and those who have copies. An injunction is available in a civil action where a money award would be insufficient to redress the harm and it preserves the status quo during the pendency of the civil action. An explanation and discussion of the procedure for obtaining an injunction can be found here http://www.kinseylaw.com/clientserv2/civillitigationserv/injunction/injunction.html (Please note that this link is to a legal website and is for informational purposes only and is not intended as an endorsement or referral). At the preliminary stage you could request that the recording and any copies be deposited with the court.
MyraB, Lawyer
Category: Criminal Law
Satisfied Customers: 371
Experience: I have over 20 years experience in criminal law and civil litigation from pre-trial practice to appeal.
MyraB and 9 other Criminal Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.
 
 
 

Related Criminal Law Questions

Chat Now With A Criminal Lawyer
MyraB
MyraB
Criminal Lawyer
371 Satisfied Customers
I have over 20 years experience in criminal law and civil litigation from pre-trial practice to appeal.