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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.
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