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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 100053
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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The compliant lives in va. Sent a restraining Order to nc

Customer Question

The compliant lives in va. Sent a restraining Order to nc after a conversation transpired ,she claims ,she felt threaten.She had her new boyfriend to call the ex boyfriend , telling him he needs to meet this man, to see who will be rearing his daughter now.
All involved became belligerent. She claims she tape the ex boyfriend's conversation and will play it on court.
My question is, can a conversation be taped without the party knowledge?
What if the complaint initiated the calling and encouraged the new boyfriend to be party to the confusion by continously calling.
What recourse does the ex boyfriend have?
Submitted: 4 months ago.
Category: Family Law
Expert:  Ely replied 4 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation.

My question is, can a conversation be taped without the party knowledge?

It is lawful for her to tape the conversation provided she is party to it. See N.C. Gen. Stat. § 15A-287(a)(1).

What if the complaint initiated the calling and encouraged the new boyfriend to be party to the confusion by continously calling

The same is true. However, the fact that she called him may be used as mitigating circumstances by him, and perhaps the Court will dismiss the matter if the Judge feels that she did this just to ensnare him.

What recourse does the ex boyfriend have?

He has to show that she called to minimize the blow. This may mean subpoenaing phone records, if possible.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Customer: replied 4 months ago.
According to the law ,NC gs 15a-387a
Says is illegal to tape conversation without the consent of the the party .
Expert:  Ely replied 4 months ago.

With respect, no. You are reading the verbiage wrong. The consent of at least one party to a conversation is required to record it. If she is party to the conversation, and she is recording, then she is the person giving consent. The party giving consent can be the one recording.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Customer: replied 4 months ago.
Gs 15a-387a. correction
Expert:  Ely replied 4 months ago.
Hello,
Same thing: With respect, no. You are reading the verbiage wrong. The consent of at least one party to a conversation is required to record it. If she is party to the conversation, and she is recording, then she is the person giving consent. The party giving consent can be the one recording.
Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
Expert:  Ely replied 4 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!