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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 33802
Experience:  Attorney with 15 years experience
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Tennessee is a one party consent state on recording but is

Customer Question

Tennessee is a one party consent state on recording but is it leagle for a defendant.to record a platiff without notice after a no contact order is in place and is it illegal to attempt to manipulate plantiff/witness to affect the outcome of an upcoming hearing
Submitted: 6 months ago.
Category: Family Law
Expert:  Barrister replied 6 months ago.
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question..When the word "plaintiff" is used, that implies a civil matter. Are we talking about a defendant and a "victim/witness" where the state is prosecuting a case due to a violation of a no contact order?.Did the defendant contact plaintiff/witness or the plaintiff/witness called the defendant?.What did the defendant do to "attempt to manipulate" the witness? Try to get them to admit nothing happened?..thanksBarrister
Customer: replied 6 months ago.
I applied for an order of protection against my ex for coming to a place I was doing a show with a guy that had a gun I was granted temporary till court.first court judge ordered her not so much as a text or she'd be in jail. ordered to come back with attorney for hearing within 3days she's calling pleading to drop charge. she has used all she knows to play on my emotional side I reported and told to keep record tell judge I think she has been secretly recording to use as defense that protection order is not valid if I talked to her that's why I asked the two original questions
Customer: replied 6 months ago.
did you receive my answer
Expert:  Barrister replied 6 months ago.
Ok, so you have an order against her, correct?.Is there some reason why you didn't notify law enforcement when she called you?.Or did you?..thanksBarrister
Customer: replied 6 months ago.
this happened late on a Friday evening tried to see judge Monday he left before lunch tried next day wasn't there because prosecutor was out sick talked to clerk told me to report to investigator didn't get call back so called sherriff explained situation was told keep records and inform judge at court just want to know if she was recording under no contact was it illegal can I keep it out of evidence and her constantly trying to get me to drop it is manipulation of me as plantiff and witness to affect the outcome is it illegal
Customer: replied 6 months ago.
is talking with you on phone an extra 59.00 or all together
Expert:  Barrister replied 6 months ago.
Ok, as you know, it is not illegal for one party to a conversation to record the other without their knowledge. But here, if she was under a no contact order, then she violated the law by contacting you and if she tried to use anything that might have been recorded, she is going to have to admit that she violated the order, which can get her a year in jail. The mere fact that she called you is a violation and the judge will hold her liable for it..So recording someone is not illegal if you are part of the conversation, but if she did and tries to use it, she incriminates herself and the judge will likely throw her in jail..I am sorry but I do not participate in the phone call program for the site and limit my interaction with customers only to the website. I like to have time to think about a customer’s question and research it so I can provide the best answer possible..However, if you wish to have a phone call with an attorney, you can post a request for "additional services" and your request will post to other experts that do offer this service. When another attorney accepts your request you will get additional instructions..I have no idea how the JustAnswer website bills customers as I am just an independent third party contractor on the site. .thanksBarrister
Customer: replied 6 months ago.
Ok understood she will incriminate herself..but what about the attempt to manipulate is that illegal and I'd there case law on it and can I keep it out of evidence
Customer: replied 6 months ago.
if she did this under a no contact order then wouldn't it be illegal and considered wiretapping
Expert:  Barrister replied 6 months ago.
Trying to manipulate you into saying something isn't illegal in and of itself... .But if she was committing a crime at the time she was doing so, then you can argue the doctrine of "fruit of the poison tree" that would prevent any evidence that was obtained during illegal actions from being used...thanksBarrister
Customer: replied 6 months ago.
Ok thanks I may use that finally what about the last question
Expert:  Barrister replied 6 months ago.
if she did this under a no contact order then wouldn't it be illegal and considered wiretapping.No, it is never wiretapping if she is party to the conversation...Only if she was recording a conversation she is not a part of is it illegal wiretapping..But the "fruit of the poison tree" doctrine is the best bet to keep anything out of evidence that you might have said that is damaging to your side..If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided so I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me..thanksBarrister
Customer: replied 6 months ago.
would it be considered wiretapping
Expert:  Barrister replied 6 months ago.
Again....no. .if she did this under a no contact order then wouldn't it be illegal and considered wiretapping.No, it is never wiretapping if she is party to the conversation...Only if she was recording a conversation she is not a part of is it illegal wiretapping.
Customer: replied 6 months ago.
Ok thank you
Expert:  Barrister replied 6 months ago.
You are very welcome. Glad to help any time...thanksBarrister